Court No. - 33
Case :- CRIMINAL MISC. WRIT PETITION No. - 5224 of 2019 Petitioner :- Tahir Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- D.M.Tripathi,Manjeet Kumar Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J. Hon'ble Vivek Varma,J.
Heard learned counsel for the petitioner; learned A.G.A. for the respondents 1, 2 and 3; and perused the record.
The instant petition seeks quashing of the first information report dated 22.9.2018 registered as Case Crime No. 602 of 2018, under Sections 420, 406, 467, 468, 471, 120-B, 506 IPC, P.S. Tanda, District Rampur.
The allegations in the First Information Report is in respect of accepting deposits; not paying commission to agents securing deposits and of diversion of funds. The informant appears to be an agent and the petitioner is alleged to be a person responsible to the company that accepted deposits.
The allegations though suggests large-scale fraud and diversions of funds but specific details about embezzlement of any particular person money is not disclosed.
The learned counsel for the petitioner has invited attention of the Court to page 23 of the paper book to demonstrate that seven co-accused of this case had filed Cri. Misc. Writ Petition No. 37215 of 2018, which was disposed of vide order dated 19.12.2018 by providing that they shall not be arrested till the submission of police report under Section 173 (2) Cr.P.C., though their prayer to quash the First Information Report was refused.
Considering the facts and circumstances of the case, keeping in mind the order passed in Cri. Misc. Writ Petition No. 37215 of 2018, we deem it appropriate to dispose off this petition by holding that the prayer of the petitioner to quash the First Information Report dated 22.9.2018 is refused, however, the petitioner shall not be arrested in the aforesaid case till submission of police report under Section 173(2), subject to his co-operation in the investigation and appearance before the Investigating Officer as and when called upon to assist in the investigation.
Order Date :- 26.2.2019/Md Faisal