Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 16605 of 2019 Petitioner :- Shashank Mehrotra And 2 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Pankaj Kumar Gupta Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Vivek Varma,J.
Heard Sri Pankaj Kumar Gupta and Sanjeev Sehgal, learned counsel for the petitioners, 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 petitioners with a prayer to quash the F.I.R. dated 24.3.2019 registered as case crime no. 232 of 2019 under sections 420, 406, 504 I.P.C. and Section 138 of Negotiable Instruments Act, police station Civil Lines, District Moradabad.
Learned counsel for the petitioners submits that the dispute between the parties is purely commercial in nature and present FIR has been lodged against the petitioners by Jasbinder Singh Bedi. Learned counsel for the petitioners submits that the petitioners are innocent and the present FIR has been lodged with a 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 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 shall co-operate with the investigation of the case.
With the above direction this petition is finally disposed of.
(Vivek Varma, J.) (Ramesh Sinha, J.) Order Date :- 14.6.2019 Kamarjahan