Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 25278 of 2018 Petitioner :- Smt. Sunita Rani And 5 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Vatsala Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Ms. Vatsala, learned counsel for the petitioners, Sri A. R. Chaurasia, 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 with the prayer to quash the F.I.R. dated 12.06.2018 registered as Case Crime No. 0400 of 2018, under Sections 420, 406, 504, 506 I.P.C., Police Station Khair, District Aligarh.
Learned counsel for the petitioners submits that petitioners are innocent and have been falsely implicated in the present case. He further submits that there was some commercial transaction between the parties and the dispute between the parties is with respect to accounting dispute on account of which the impugned F.I.R. has been lodged by respondent no.3 against the petitioners. He further states that there is no offence of cheating against petitioners made out. The allegations levelled against the petitioners are absolutely false, frivolous and baseless, hence present FIR lodged against the petitioners be quashed.
Learned A.G.A. opposed the prayer for quashing of the F.I.R.
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.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 12.9.2018 Ashok Gupta