Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 15969 of 2019 Petitioner :- Pawan Dubey And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Vishnu Pratap Pandey Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Vivek Varma,J.
Heard Sri V.P. Pandey, learned counsel for the petitioners, Sri Deepak Mishra, 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 7.12.2018 registered as case crime no. 901 of 2018 under sections 406, 420, 467, 468, 471 120-B I.P.C., police station Subhash Nagar, District Bareilly.
Learned counsel for the petitioners submits that the impugned F.I.R. has been lodged after 16 years of the incident against the petitioners, who are husband and wife. He submits that the main accused, who is said to have taken the loan has already been granted bail by the competent court. He submits that the petitioners are only the co-sharer of the land which was mortgaged with the bank, hence the same is liable to be quashed by this Court.
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 they shall co-operate with the investigation of the case.
With the above direction this petition is finally disposed of.
(Vivek Varma, J.) (Ramesh Sinha, J.) Order Date :- 10.6.2019 Shiraz