Court No. - 43
Case :- CRIMINAL MISC. WRIT PETITION No. - 37620 of 2018 Petitioner :- K. Naresh (Kopindra Naresh ) And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Shiv Bahadur Singh Counsel for Respondent :- G.A.
Hon'ble Pankaj Naqvi,J. Hon'ble Rajendra Kumar-IV,J.
Heard Shri Shiv Bahadur Singh, learned counsel for the petitioners and the learned A.G.A.
This writ petition has been filed by the petitioners to issue a writ, order or direction in the nature of certiorari quashing the impugned FIR dated 24.11.2018 registered as Case Crime No.658 of 2018 under sections 420,406 I.P.C, P.S. Jamunapar District Mathura.
It is submitted that the dispute if any is civil in nature between the petitioners and the firm of one Data Ram, named as M/s Manoj Kumar Ankit Kumar, petitioners have been implicated for the reason that they purchased the goods from the said firm, no offence as alleged in the F.I.R, is made out against the petitioners, criminality is deliberately assigned for ulterior motives.
The learned A.G.A, opposed the submissions.
After having heard learned counsel for the parties and perusing the impugned F.I.R, we are not inclined to quash the same.
However, considering the peculiar facts and circumstances of the case, we direct that investigation of the aforesaid case shall go on but the petitioners shall not be arrested till the submission of police report under Section 173(2) Cr.P.C, subject to their extending full co-operation during investigation.
With the aforesaid direction, this petition is finally
disposed of.
Order Date :- 20.12.2018 RS