Court No. - 33
Case :- CRIMINAL MISC. WRIT PETITION No. - 14190 of 2019 Petitioner :- Vijay Jain And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sudeep Harkauli Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J. Hon'ble Anil Kumar-IX,J.
Heard learned counsel for the petitioner, learned AGA for the respondent Nos. 1, 2 & 3 and perused the record.
The instant petition has been filed for quashing the FIR dated 29.1.2019 registered as Case Crime No. 0117 of 2019 At Police Station- NOIDA Sector-49, District- Gautam Budh Nagar under Section 406, 420, 506 IPC, Learned counsel for the petitioner, at the out set, has submitted that the First Information Report have been lodged against several accused persons and accused Madhu Parikh and Raguveer Singh had filed a Criminal Misc. Writ Petition No. 14321 of 2019 which was disposed of by order dated 27.5.2019. It has been submitted that the case of the petitioners is at par with that of other co-accused and they are therefore entitled to same order on ground of parity. The order dated 27.5.2019 passed in Criminal Misc. Writ Petition No.14321 of 2019 is extracted below.
"Supplementary affidavit filed today is taken on record.
Heard Sri Sudeep Harkauli, learned counsel for the petitioner(s) and learned A.G.A. for the State as well as Sri Swetashwa Agarwal, learned counsel for the complainant.
This writ petition has been filed with the prayer to issue a writ, order or direction in the nature of certiorari quashing the impugned F. I. R. which has been registered as Case Crime No. 0117 of 2019 under Sections 406, 420, 506 IPC PS Noida Sector-49, District Gautam Budh Nagar.
Learned counsel for the petitioner(s) submitted that the impugned first information report has been lodged by the complainant-respondent containing absolutely false and concocted allegations against the petitioner(s) with the ulterior intention of harassing the petitioner(s); the dispute is with regard to agreement to sale and its execution; the matter needs deeper and fairer investigation before any arrest should be given effect to and the petitioner(s) will participate and cooperate with the investigation; apart from the bald allegations made in the impugned F.I.R., no evidence is forthcoming even prima facie indicating at the complicity of the petitioner(s) in the commission of alleged offence and hence the impugned F.I.R. which is a bundle of lies and motivated by malice, is liable to be quashed.
Per contra, learned counsel for the complainant has opposed the writ petition with the contention that the petitioners are placing reliance on two documents which are forged, however they are also part of the investigation. Learned AGA and learned counsel for the complainant have submitted that from the perusal of the allegations made in the impugned F. I. R., it cannot be said that no cognizable offence is made out, hence the impugned F.I.R. is not liable to be quashed.
Having heard the submissions advanced by learned counsel for the parties and perused the impugned first information as well as the other material brought on record, we are not inclined to quash the impugned F.I.R.
However, considering the peculiar facts and circumstances of the case and the submissions advanced by learned counsel for the parties, we dispose of this writ petition with the direction that the petitioner(s) shall not be arrested in the aforementioned case till submission of police report under Section 173(2) Cr.P.C. However, petitioner(s) shall participate and co-operate with the investigation and police authorities shall conclude the investigation within three months from the date of production of certified copy of this order.
With the aforesaid observations, the writ petition is finally disposed of. "
Learned AGA, who has appeared for the State-respondent, submitted that this petition may be disposed of on same terms as Criminal Misc. Writ Petition No. 14321 of 2019.
In view of the above, this petition is disposed of in terms of the order dated 27.5.2019 passed in Criminal Misc. Writ Petition No. 14321 of 2019.
Order Date :- 31.5.2019 Ashutosh Pandey