Court No. - 33
Case :- CRIMINAL MISC. WRIT PETITION No. - 11130 of 2019 Petitioner :- Krishna Kumar Agnihotri Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Girish Singh Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J. Hon'ble Suresh Kumar Gupta,J.
Heard learned counsel for the applicant; the learned A.G.A. for the State- respondents 1 and 2; and perused the record.
The instant petition seeks quashing of the FIR dated 01.07.2018 registered as Case Crime No. 0068 of 2018 at P.S. Cantonment, District-Kanpur Nagar, under Sections 419, 420, 406 I.P.C.
The allegation in the impugned first information report is about duping the investors and misappropriating funds deposited by the investors after alluring them to make deposit by falsely assuring that the money would be doubled.
The contention of the learned counsel for the petitioner is that the company which had invited such investments is Dhenu Green Garden Marketing Pvt. Ltd. The petitioner had been an agent in the company whereas the informant of the impugned first information report had been its Director. It has been submitted that the petitioner had lodged a first information report on 03.04.2017 at P.S. Cantt, District Kanpur Nagar against various persons including the informant of the impugned first information report by alleging that they had duped the investors and they siphoned off funds including the money belonging to the family of the petitioner. It has been submitted that Case Crime No. 0050 of 2017, which was registered by the petitioner, is still under investigation. It has been submitted that the impugned first information report has been lodged just to create a defence in the case which has already been lodged by the petitioner.
Be that as it may, there can be cross versions of the incident and therefore, on the grounds taken, the prayer of the petitioner to quash the first information report cannot be accepted.
However, considering the facts and circumstances of the case, we deem it appropriate to dispose off this petition by providing that the investigation of the case shall continue and be brought to its logical conclusion but, subject to petitioner's co-operation in the investigation, he shall not be arrested in the aforesaid case, till submission of police report under Section 173 (2) Cr.P.C.
It is made clear that petitioner shall cooperate in the investigation and shall make himself available for interrogation as and when required by the Investigating Agency. The petitioner shall also provide his specimen signature as and when required by the Investigating Agency. Any failure in that regard would be deemed non-cooperation in the investigation.
Order Date :- 26.4.2019/Sunil Kr Tiwari