Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 1886 of 2019 Petitioner :- Pradeep Tayal And 5 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Rajiv Lochan Shukla,Vidit Narayan Mishra Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Rajiv Lochan Shukla, learned counsel for the petitioners, Sri A.R. Chaurasia, learned A.G.A. for the State and perused the impugned FIR as well as material brought on record.
This petition has been filed by the petitioners with a prayer to quash the FIR dated 30.12.2018, registered as case crime No.1105 of 2018, under Sections 419, 406, 420, 467, 468, 471, 120-B, 394, 504 I.P.C., P.S. Kasna, District Gautam Buddh Nagar.
Learned counsel for the petitioners submits that the petitioners are innocent and has been falsely implicated in the present case with malafide intention. He further submitted that respondent no.3 is an employee in the Company of Petitioner no.1 for the last 11 years and he tried to misbehave with the family members of petitioner no.1, for which petitioner no.1 has also lodged a complaint at Police Station Subhash Place Pitampura, Delhi on 4.12.2018, copy of which is annexed as Annexure-4 (at page-60) to the writ petition, hence in order to harass the petitioner no.1 and his family members the impugned FIR has been lodged by respondent no.3 against the petitioners with an allegation that there was some transaction of a bungalow between the parties and respondent no.3 had paid an amount of Rs.9 Crores & 76 lacs in cash, though he was an employee of petitioner no.1 who was getting a salary of Rs.40,000/- only in a month. He has also been terminated from his service by petitioner no.1. The allegation levelled against the petitioners is absolutely false, frivolous and baseless. No offence is made out against the petitioners, hence, FIR is liable to be quashed.
Learned A.G.A. opposed the prayer for quashing of the F.I.R. which discloses cognizable offence.
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.
(Dinesh Kumar Singh-I,J.) (Ramesh Sinha, J.) Order Date :- 31.1.2019/NS