Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 2389 of 2019 Petitioner :- Seema Goel And 8 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Narendra Kumar Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Narendra Kumar, learned counsel for the petitioners,Sri A.R.Chaurasia, 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 15.12.2018, registered as case crime No.1256 of 2019, under Sections 420, 406, 467, 468, 471, 120-B I.P.C., P.S. Bisrakh, District Gautam Buddh Nagar.
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 the husbands of petitioner nos.1, 2, 3 & 4 are running a Company in the name of 'Earth Infrastructure Ltd. which is engaged in the construction of flats etc. and husband of petitioners are the Directors of the said Company, in which respondent no.3 had booked a shop and also invested money in the said Company for which an agreement was also signed between the parties. The petitioner nos. 5 to 8 are concerned, they are family members of the Directors of the Company in questions. So far as petitioner no.9 is concerned, it is stated that he is an employee of the Company. He next argued that the husband of petitioner nos. 1, 2, 3 & 4 and others are making their best to provide the booked items to the investors after completion of work, but without waiting, the respondent no.3 has lodged the impugned FIR against the petitioners just to create pressure. The allegation levelled against the petitioners is absolutely false, frivolous and baseless. No offence is made out against the petitioners, hence, FIR is liable to be quashed.
Learned A.G.A. opposed the prayer for quashing of the F.I.R. which discloses cognizable offence.
After having heard learned counsel for the parties present and perused the impugned FIR as well as the other material brought on record, we dispose of this writ petition with the following directions:
(i) Investigation of the aforesaid case shall go on but the petitioner nos.1 to 8 shall not be arrested in the aforesaid case till the submission of police report under Section 173(2) Cr.P.C., subject to their cooperation during investigation.
(ii) As far as the petitioner no. 9 is concerned, the petition stand dismissed.
With this direction, this petition is finally disposed of.
The case of petitioner nos. 1 to 8 is distinguishable from the case of co- accused Awadhesh Kumar Goel, Rajnish Mittal, Vikas Gupta & Atul Gupta & Jai Bhagwan Gupta.
(Dinesh Kumar Singh-I,J.) (Ramesh Sinha, J.) Order Date :- 29.1.2019/NS