Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 25772 of 2018 Petitioner :- Kamlesh Gangwar And Another Respondent :- State Of U.P. And 02 Others Counsel for Petitioner :- Surendra Nath Tripathi Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Surendra Nath Tripathi, learned counsel for the petitioners, Sri N.K. Verma, learned A.G.A. for the State and perused the impugned F.I.R. as well as material brought on record.
This petition has been filed by the petitioners with a prayer to quash the F.I.R. dated 27.3.2016 registered as case crime no.77 of 2016 under sections 420 I.P.C., police station Kotwali, District Rampur.
Learned counsel for the petitioners submits that an agreement of sale was executed between the petitioners and the respondent no. 3 but the respondent no. 3 did not fulfill the terms and conditions of the agreement and the same could not be executed. The respondent no. 3 thereafter approached this Court by means of a Crl. Misc. Writ Petition No.24629 of 2016 (Dr. Mohd Aslam vs. State of U.P. and 4 others) for expediting the investigation.
Learned A.G.A. opposed the prayer for quashing.
Considering the submissions advanced by learned counsel for the parties and nature of the allegations, it is directed that the petitioners shall not be arrested in above mentioned case, till the submission of the police report under section 173(2) Cr.P.C. but they shall co- operate with the investigation of the case.
The Investigating Officer of this case is directed to conclude the investigation within three weeks from today.
S.P. Rampur shall ensure the compliance of the order.
With the above direction this petition is finally disposed of.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 17.9.2018 AU