Court No. - 43
Case :- CRIMINAL MISC. WRIT PETITION No. - 2728 of 2019 Petitioner :- Ram Kumar Gupta and another Respondent :- State Of U.P. and 2 others Counsel for Petitioner :- Rohit Shukla Counsel for Respondent :- G.A.
Hon'ble Pankaj Naqvi,J. Hon'ble Umesh Kumar,J.
Heard Sri Rohit Shukla, learned counsel for the petitioners, the learned AGA and perused the impugned F.I.R, as well as material brought on record.
The relief sought in this petition is for quashing of the F.I.R. dated 8.1.2019 registered as Case Crime No. 16 of 2019, under sections 420, 120-B of IPC P.S. Kotwali District Jhansi.
Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in the present case. Present F.I.R. has been lodged pursuant to the order passed on an application filed by the informant under Section 156 (3) Cr.P.C. alleging therein about some money transaction. Further submission is that earlier also this Court in Application U/S 482 No. 25447 of 2018 had granted protection to the petitioner no.1. Moreover, petitioner no.1 had also been enlarged on bail in earlier Case Crime No. 316 of 2017 under Sections 420, 406 I.P.C. P.S. Kotwali, District Jhansi, vide order dated 7.5.2018 passed by this Court in Criminal Misc. Bail Application No. 16104 of 2018.
Per contra learned A.G.A, submitted that from the perusal of the impugned F.I.R, and on the basis of the allegations made therein, it cannot be said that no cognizable offence is disclosed against the petitioners.
After having heard learned counsel for the parties and perusing the impugned F.I.R, we are not inclined to quash the same.
However, considering the peculiar facts and circumstances of the case, we direct that investigation of the aforesaid case shall go on but the petitioners shall not be arrested till the submission of police report under Section 173(2) Cr.P.C, subject to their extending full co-operation during investigation.
With the aforesaid direction, this petition is finally disposed of. Order Date :- 31.1.2019/Ram Murti