Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 20437 of 2018 Petitioner :- Manoj Chaudhary @ Manoj Kumar Chaudhary Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Satya Prakash Tiwari Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Sri S.P. Tiwari, learned counsel for the petitioner, 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 petitioner with a prayer to quash the F.I.R. dated 01.09.2017 registered as case crime no. 747 of 2017 under sections 406, 420 I.P.C., police station Surajpur,District Gaumtabudh Nagar.
Learned counsel for the petitioners submits that the petitioner is the Managing Director of JBK Developers Pvt. Ltd. and he states that his project started in the year 2012 and was to be completed in the year 2014 but due to some unavoidable circumstance the same could not be completed and states that there is no other FIR except the present one which has been lodged by the respondent no.3 who has not been alloted the flat in the project of the petitioner. He undertakes that the flat shall be allotted to the respondent no. 3 within six months from today.
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 he shall co-operate with the investigation of the case.
It is made clear that if any other FIR is registered against the petitioner, the interim protection granted to him, shall automatically be vacated.
With the above direction this petition is finally disposed of.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 30.7.2018 AU