Court No. - 51
Case :- CRIMINAL MISC. WRIT PETITION No. - 20284 of 2018 Petitioner :- Mahesh Vashishtha Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Bhanu Prakash Verma Counsel for Respondent :- G.A.,Yogendra Misra
Hon'ble Vipin Sinha,J. Hon'ble Ifaqat Ali Khan,J.
Heard learned counsel for the petitioner(s), learned A.G.A. for the State and Sri Yogendra Misra learned counsel for the complainant.
This writ petition has been filed with the prayer to issue a writ, order or direction in the nature of certiorari quashing the impugned F. I. R. which has been registered as Case Crime No. 435 of 2018 u/s 420, 467, 468, 471, 406, 120 B IPC PS Govind Nagar District Mathura.
Learned counsel for the petitioner(s) submitted that the present case is purely of commercial transaction regarding exchange of money; the money was invested in a trust and thereafter some amount has been returned for which there was a dispute; the impugned first information report has been lodged by the complainant-respondent containing absolutely false and concocted allegations against the petitioner(s) with the ulterior intention of harassing the petitioners; apart from the bald allegations made in the impugned F.I.R., no evidence is forthcoming even prima facie indicating at the complicity of the petitioner(s) in the commission of alleged offence and hence the impugned F.I.R. which is a bundle of lies and motivated by malice, is liable to be quashed.
Per contra, learned A.G.A. has submitted that from the perusal of the allegations made in the impugned F. I. R., it cannot be said that no cognizable offence is made out, hence the impugned F.I.R. is not liable to be quashed.
Having heard the submissions advanced by learned counsel for the parties and perused the impugned first information as well as the other material brought on record, we are not inclined to quash the impugned F.I.R.
However, considering the peculiar facts and circumstances of the case and the submissions advanced by learned counsel for the parties, we dispose of this writ petition with the direction that the petitioner(s) shall not be arrested in the aforementioned case till submission of police report under Section 173(2) Cr.P.C. However, petitioner(s) shall participate and co- operate with the investigation and police authorities shall conclude the investigation within three months from the date of production of certified copy of the order.
With the aforesaid observations, the instant writ petition is finally disposed of.
Order Date :- 30.7.2018 SP