Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 25744 of 2018 Petitioner :- Manoj Kulshrestha And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- A Kumar Srivastava Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard learned counsel for the petitioners, 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 15.08.2018 registered as case crime no.0677 of 2018 u/ss. 420, 406, 120B IPC, PS. Sikandra, District Agra.
Learned counsel for the petitioners submits that petitioners are husband and wife and they had taken a loan for running a factory from the bank but it appears that the petitioners were defaulters, hence, the factory was put to auction and the petitioners had some issues regarding the valuation of the factory after the auction which was done and they moved a writ petition before this Court but the said petition was dismissed because of having become infructuous. The petitioners have already deposited Rs. 48,00,000/- in pursuance of the order of DRTO. The said fact is mentioned in para 10 of the petition.
Learned A.G.A. opposed the prayer for quashing and submits that machinery of the factory were found to be missing, hence, the value which was fixed was the correct one.
Considering the submissions advanced by learned counsel for the parties and the nature of allegations, it is directed that the petitioners shall not be arrested in the above mentioned case till submission of police report under section 173(2) Cr.P.C. but they shall co-operate with the investigation of the case.
With the above direction this petition is finally disposed of.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 17.9.2018 Madhurima