Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 20616 of 2018 Petitioner :- Rakesh Gupta Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Swetashwa Agarwal Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard learned counsel for the petitioner, Sri N.K. Verma, 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 petitioner with a prayer to quash the F.I.R. dated 21.12.2015 registered as case crime no.1991 of 2015 u/ss. 420, 467, 471, 120B IPC, PS. Kotwali Nagar, District Muzaffarnagar.
Learned counsel for the petitioner submits that the petitioner is innocent and the present FIR has been lodged with malafide intention for the purposes of harassment, hence the same is liable to be quashed.
Learned A.G.A. opposed the prayer for quashing.
Considering the submissions advanced by learned counsel for the parties and the nature of allegations, it is directed that the petitioner shall not be arrested in the above mentioned case till submission of police report under section 173(2) Cr.P.C. but he shall co-operate with the investigation of the case.
The Investigating Officer of the present case is directed to conclude the investigation of the present case and submit a police report before the Magistrate concerned expeditiously preferably within a period of three weeks from the date of production of a certified copy of this order in accordance with law.
The S.P. U.P. Vigilance Department, Meerut Sector, Meerut shall ensure compliance of the present order within the aforesaid period.
It is made clear that the case of the applicant is distinguishable from the other co-accused.
With the above direction, this petition is finally disposed of.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 31.7.2018 Madhurima