Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 5545 of 2019 Petitioner :- Ratan Vijayvergi Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Gaurav Singh Chauhan,Narendra Kumar Counsel for Respondent :- G.A.,Prashant Kanha
Hon'ble Ram Surat Ram (Maurya),J. Hon'ble Anil Kumar-IX,J.
Heard Sri N.K. Maurya, learned counsel for the petitioner, Sri Suraj Prasad holding brief of Sri Prashant Kanha, learned counsel for the respondent no.4 and learned A.G.A. for the State of U.P.
The writ petition has been filed for quashing he F.I.R. dated 29.08.2017, registered as Case Crime No.0956 of 2017 under Sections 420, 467, 468, 471, 406, 504 & 506 I.P.C. Police Station- Sector-20 Noida, District-Gautam Budh Nagar.
In the F.I.R., in substance the allegation has been made that the informant booked a flat in M/s Earth Iconic Infrastructure Pvt. Ltd. on 25.12.2014 and at the time of booking he has deposited Rs.2,08,000/- through account cheque. Now the company has neither started costruction nor ready to give the flat at the time schedule given by the company.
Learned counsel for the petitioner submits that the petitioner was not named in the F.I.R., although the petitioner was in service of M/s Earth Iconic Infrastructure Pvt. Ltd. but he had already left the service in the year 2012 but the police is illegally harassing the petitioner for the act of company then on 25.12.2014.
In the facts of the case, this writ petition is disposed of with a direction that the petitioner shall not be arrested in Case Crime No.0956 of 2017 under Sections 420, 467, 468, 471, 406, 504 & 506 I.P.C. Police Station- Sector-20 Noida, District-Gautam Budh Nagar till the submission of police report under Section 173(2) Cr.P.C.
Order Date :- 28.2.2019 Rahul.