Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 25290 of 2018 Petitioner :- Vijay Jain And Another Respondent :- State Of U.P. And 02 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 Gambhir Singh, 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 with the prayer to quash the F.I.R. dated 27.08.2018 registered as Case Crime No. 574 of 2018, under Sections 406, 420, 467, 468, 471, 120B, 504, 506 I.P.C., Police Station Hariparwat, District Agra.
Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in the present. He further submits that petitioners are the brokers and they have only shown the flats to the respondent no.3. He further states that petitioners are not the beneficiaries of the transaction in question between the parties. He next submits that respondent no.3 has made agreement for purchasing the flat after due application of mind and petitioners are not concerned with the transaction of money between the Samiti and complainants. The allegations levelled against the petitioners are absolutely false, frivolous and baseless, hence present FIR lodged against the petitioner be quashed.
Learned A.G.A. opposed the prayer for quashing of the F.I.R.
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 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 :- 12.9.2018 Ashok Gupta