Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 2383 of 2019 Petitioner :- Reena Tyagi And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Syed Ali Imam Counsel for Respondent :- G.A.,Satyendra Kumar Singh Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri S.A.Imam, learned counsel for the petitioners, Sri S.K.Singh, learned counsel for the caveator, Sri G.P.Singh, 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 10.10.2018, registered as case crime No.1992 of 2018, under Sections 420, 467, 468, 471, 406 I.P.C., Police Station Sihani Gate, District Ghaziabad.
Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in the present case with malafide intention. He further submitted that respondent no.3 was working as commission agent with the petitioners' Company and some dispute arose between them regarding commission which was settled in the year 2017 but subsequently the impugned FIR has been lodged by respondent no.3 against the petitioners and it is alleged that respondent no.3 has given Rs.3 Crores & 92 lacs to the petitioners by way of cash for purchase of land, but the said fact is absolutely false one. The petitioner no.1 is wife of petitioner no.2. No offence is made out against the petitioners, hence, FIR is liable to be quashed.
Learned counsel for the caveator as well as learned A.G.A. vehemently opposed the arguments advanced by learned counsel for the petitioners and submitted that respondent no.3 has given the aforesaid amount in cash to the petitioner by arranging the same from some of his relatives and he shall provide the list of the persons before the Investigating Officer of the case from whom he has arranged the aforesaid amount of Rs.3 Crores & 92 lacs.
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 :- 29.1.2019/NS