Court No. - 2
Case :- CRIMINAL MISC. WRIT PETITION No. - 16208 of 2019 Petitioner :- Nauneet Bisnoi And Another Respondent :- State Of U P And 3 Others Counsel for Petitioner :- Deepak Kumar Yadav Counsel for Respondent :- G.A.,Ramanand Gupta
Hon'ble Dinesh Kumar Singh-I,J. Hon'ble Pradeep Kumar Srivastava,J.
Heard learned counsel for the petitioners and learned A.G.A. for the State as well as Sri Ramanand Gupta, learned counsel for respondent no.4.
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. 300 of 2019 u/s 420, 467, 468 and 471, IPC, PS Civil Lines District Moradabad.
It is argued by learned counsel for the petitioners that the case of the petitioners is identical to the co-accused, who have been granted interim relief in Criminal Misc. Writ Petition Nos.11915 of 2019 & 14762 of 2019.
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 petitioners shall not be arrested in the aforementioned case till submission of police report under Section 173(2) Cr.P.C. However, petitioners shall participate and co-operate with the investigation and police authorities shall conclude the investigation as expeditiously as possible.
With the aforesaid observations, the instant writ petition is finally disposed of (Pradeep Kumar Srivastava, J) (Dinesh Kumar Singh-I,J.) Order Date :- 11.6.2019 T. Sinha