Court No. - 46
Case :- CRIMINAL MISC. WRIT PETITION No. - 26040 of 2019 Petitioner :- Kamil Khan And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ajay Kumar Counsel for Respondent :- G.A.
Hon'ble Naheed Ara Moonis,J. Hon'ble Narendra Kumar Johari,J.
Heard learned counsel for the petitioners and the learned AGA for the respondents-State and perused the record.
The instant writ petition has been filed by the petitioners invoking the extra ordinary jurisdiction of this Court under Article 226 of the Constitution of India with a prayer to quash the first information report dated 27.8.2017 bearing Case Crime No. 457 of 2017, under Sections 420 and 120-B I.P.C., Police Station Anoopshahar, district Bulandshahar.
It is submitted by the learned counsel for the petitioners that the petitioners are unnecessarily being harassed by the police authorities. The first information report has been lodged by the respondent no. 3 with the allegations that the petitioners have ensnared the complainant by saying that the petitioners have good experience in the real estate business and in case the complainant invest some money, he will earn handsome profit. On this assurance the complainant had paid money through different cheques between the years 2008 to 2011 for booking of the flats, but till date the petitioners have neither allotted any flat nor returned the money. It is further submitted by the learned counsel for the petitioners that the entire prosecution story is the outcome of personal grudge of the respondent no.
3. There is nothing on record to substantiate the allegation made against the petitioners rather it reflects the manoeuvring on the part of the respondent no. 3. Therefore, the first information report so lodged by the respondent no. 3 is liable to be quashed.
Per contra the learned A.G.A. contended that the allegations contained in the first information report cannot be nipped in the bud. There are sufficient material showing the complicity of the petitioners. The innocence of the petitioners cannot be adjudged at this stage.
From perusal of the F.I.R., prima facie cognizable offences is made out at this stage against the petitioners therefore, we do not find any cogent or convincing reason to quash the first information report. The prayer for quashing the first information report is refused.
However, in the facts and circumstances of the case and the submissions advanced on behalf of the petitioners, it is directed that the petitioners shall not be arrested in the aforesaid case till the submission of police report under Section 173 (2) Cr.P.C., subject to the restraint that the petitioners shall co-operate with the investigation and shall appear as and when called upon to assist in the investigation.
With the above direction, this petition is finally disposed of.
Order Date :- 19.12.2019 Shahnawaz