Hon'ble Naheed Ara Moonis,J.
Heard learned counsel for the petitioner, learned A.G.A. for the respondent nos. 1 and 2 and Shri H.K. Srivastava, learned counsel for the respondent no.3.
It is submitted by the learned counsel for the petitioner that the allegations made in the impugned F.I.R do not disclose any cognizable offence against the petitioner. The civil dispute arising out of business transaction between the parties has illegally been converted into criminal prosecution of the petitioner at the behest of the respondent no.3 which is bad in law, hence the impugned F.I.R. is liable to be quashed.
The submissions made by learned counsel for the petitioner, prima facie, appear to be correct. The matter requires consideration.
Learned A.G.A has accepted notice on behalf of opposite party nos.1 and 2. He prays for and is allowed six weeks' time to file counter affidavit.
The respondent no.3 may file counter affidavit within the same period.
Rejoinder affidavit may be filed within two weeks thereafter.
List this matter immediately after eight weeks before the appropriate Court.
Till the next date of listing or till the submission of police report under section 173(2) Cr.P.C, whichever is later, the petitioner shall not be arrested pursuant to impugned FIR dated 7.12.2015 registered as Case Crime no.693 of 2015, under sections 406, 506 I.P.C., Police Station Medical College, District Meerut.
Order Date :- 4.2.2016 RU