Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 22767 of 2018 Petitioner :- Vinod Kumar Agarwal Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Mahendra Tripathi Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Sri Vivek Kumar Singh has filed vakalatnama on behalf of respondent no. 3 which is taken on record.
Heard Sri Mahendra Tripathi, learned counsel for the petitioner, Sri V.K. Singh, learned counsel for respondent no. 3, Sri Prabhash Pandey, 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 petitioner with a prayer to quash the F.I.R. dated 2.7.2017 registered as case crime no. 974 of 2017 under sections 420, 406, 467, 468, 471 I.P.C., police station Kavi Nagar, District Ghaziabad.
Learned counsel for the petitioner submits that earlier the informant of the case has filed Crl. Misc. Writ Petition No. 17921 of 2017 in which direction was issued by this Court for expediting the investigation of the present case within a period of three months but till date the investigation has not been concluded. He submits that the petitioner has been falsely implicated in the present case by respondent no. 3 levelling false and frivolous allegations just to harass him, hence the same is liable to be quashed by this Court.
Learned counsel for the respondent no. 3 and 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 petitioner shall not be arrested in above mentioned case, till the submission of the police report under section 173(2) Cr.P.C. but he 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 :- 21.8.2018 Shiraz