Court No. - 45
Case :- CRIMINAL MISC. WRIT PETITION No. - 25708 of 2019 Petitioner :- Suhail Nafees And 3 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sunil Kumar Srivastava Counsel for Respondent :- G.A.
Hon'ble B. Amit Sthalekar,J. Hon'ble Shekhar Kumar Yadav,J.
Vakalatnama filed by Sri Irshad Ahmad, Advocate on behalf of the respondent no. 4, is taken on record.
Heard the learned counsel for the petitioners, Sri Irshad Ahmad, learned counsel for respondent no. 4 and the learned A.G.A. for the State.
The petitioners in the present writ petition are seeking quashing of the impugned first information report dated 3.12.2019(Annexure No. 1 to the writ petition) registered as Case Crime no. 1149 of 2019 under section 120-B, 420, 467,468, 471 I.P.C. Police Station Chakeri district Kanpur Nagar with a further prayer not to arrest them in pursuance of the said first information report.
In short the allegation in the FIR lodged by respondent no. 4 against the petitioners is that the petitioners have illegally disposed of the business property.
The submission of the learned counsel for the petitioners is that earlier the petitioner no. 2 Tabsssum Naaz had lodged an FIR against respondent no. 4 and some other persons on 31.10.2019 under the same sections with the allegations of disposal of the business property illegally and the present FIR is the counter blast of that FIR, hence the FIR deserves to be quashed.
Per contra learned A.G.A. contended that the allegations made in the first information report cannot be aborted at this stage. The petitioners will have sufficient opportunity to rebut the allegations.
From perusal of the F.I.R., prima facie cognizable offences is made out at this stage against the petitioner, therefore, we do not find any cogent reason to quash the first information report. The prayer for quashing the first information report is refused.
However, in the facts and circumstances of the case and the submissions advanced on behalf of the petitioners, it is directed that the petitioners shall not be arrested in the aforesaid case till the submission of police report under Section 173 (2) Cr.P.C., subject to the restraint that they shall co-operate with the investigation and shall appear as and when called upon to assist in the investigation.
With the above direction, this petition is finally disposed of.
Order Date :- 17.12.2019 N.A.