Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 37298 of 2018 Petitioner :- Susheel Kumar Alias Susheel Yadav And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Vikas Rana Counsel for Respondent :- G.A.
Hon'ble Ram Surat Ram (Maurya),J. Hon'ble Anil Kumar-IX,J.
Heard Sri Vikas Rana for the petitioners and A.G.A. for State of U.P.
This writ petition has been filed for quashing the F.I.R. dated 27.2.2018 (registered as Case Crime No. 0113 of 2018), u/s 4250, 468 and 471 I.P.C., P.S. Bharthana, district Etawah.
In substance, allegation made in the F.I.R. is that the petitioner has taken Rs. 1,80,000/- from the informant in the garb of giving him employment in any company, but neither employment was given, nor money is being returned to the informant.
Counsel for the petitioners submits that petitioner-1 introduced the informant to the Promoter of Small Achievers Programme of H.D.F.C. Life, who after making detailed inquiry of the programme, showed interest in joining the aforesaid programme. The informant, however, did not complete the course, therefore, he could not be employed in the company. Later on, the petitioner also returned the money to the informant and he has given an affidavit to this effect on 31.7.2018 that he has received his full money.
In the facts of the case, the writ petition is disposed of with direction that the petitioners shall not be arrested in pursuance of F.I.R. dated 27.2.2018 (registered as Case Crime No. 0113 of 2018), u/s 4250, 468 and 471 I.P.C., P.S. Bharthana, district Etawah, till the submission of police report under section 173(2) Cr.P.C. but they shall co-operate with the investigation of the case.
Order Date :- 19.12.2018 Jaideep/-