Court No. - 43
Case :- CRIMINAL MISC. WRIT PETITION No. - 34627 of 2018 Petitioner :- Suresh Pal And 6 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Mohd. Aslam Counsel for Respondent :- G.A.
Hon'ble Pankaj Naqvi,J. Hon'ble Rajendra Kumar-IV,J.
Heard learned counsel for the petitioner and the learned A.G.A.
This writ petition has been filed, seeking a writ of mandamus, directing the respondent concerned, not to arrest the petitioners during investigation of Economic Offences Case No. 20 of 2012, Economic Division, Meerut arising out of Case Crime No. 135 of 2009, under Sections 420, 467, 468, 471 and 406 IPC, Police Station Sarsawa, District Saharanpur.
Learned counsel for the petitioners claimed parity with the order of the co-accused persons in Criminal Misc. Writ Petition Nos. 26915 of 2018 and 30231 of 2018.
It is submitted by learned counsel for the petitioners that the impugned FIR has been lodged, on false / mischievious / vexatious allegations coupled with the fact that no credible evidence whatsoever is forthcoming even prima facie indicating at the petitioners' complicity in the commission of the alleged offence, the impugned FIR is liable to be quashed.
Per contra, the learned A.G.A has opposed the submission.
After having heard learned counsel for the parties and perusing the impugned FIR as well as the other material brought on record, it cannot be said that prima facie no offence is made out against the petitioners. Therefore, the prayer for quashing the FIR is refused.
However, we dispose of this writ petition with the direction that investigation of the aforesaid case shall go on but 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 their cooperation during investigation.
With this direction, this petition is finally disposed of.
Order Date :- 30.11.2018 Akram