Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 37128 of 2018 Petitioner :- Vasudeo Bachwani And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Rajesh Kumar Srivastava,Virendra Kumar Srivastava Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Rajesh Kumar Srivastava, 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 by the petitioners with a prayer to quash the F.I.R. dated 30.11.2018 registered as case crime no. 1188 of 2018 under sections 420, 467, 468, 471, 447, 295, 297, 504, 506, 120-B I.P.C., police station Jagdishpura, district Agra.
Learned counsel for the petitioners submits that the petitioners are not the beneficiary of the transaction in question. The F.I.R. of the present case has been lodged against 27 persons including the petitioners. They have been falsely implicated in the present case by respondent no. 3 levelling false and frivolous allegations just to harass them, hence the same is liable to be quashed by this Court. He further submits that in the petition filed by co-accused Harpal Singh, i.e., Crl. Misc. Writ Petition No. 36655 of 2018 a co-ordinate Bench of this Court has stayed his arrest vide order dated 17.12.2018, hence the petitioners are also entitled for the same relief.
Copy of the aforesaid order has been produced by learned counsel for the petitioners which is taken on record.
Learned A.G.A. opposed the prayer for quashing.
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 they 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 :- 18.12.2018 Shiraz