Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 13877 of 2018 Petitioner :- Vinod And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Amit Rai,Sanjay Singh Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Vikas Sharma holding brief of Sri Amit Rai, learned counsel for the petitioner, Sri Vikas Sahai, 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 17.5.2018 registered as case crime no. 287 of 2018 under sections 406, 420, 504, 506 I.P.C., police station Bhopa, District Muzaffar Nagar.
Learned counsel for the petitioners submits that amount in question has been transferred through R.T.G.S. in the account of the son of petitioner nos. 1 and 3, namely, Amit, who has been disowned by them. The petitioner no. 2 is the real brother of petitioner no. 1 and uncle of co-accused Amit. They have been falsely implicated in the present case only on account of said relationship with co-accused Amit though they have no concern with the crime in question, hence the present F.I.R. against them is liable to be quashed by this Court.
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 he shall co-operate with the investigation of the case.
With the above direction this petition is finally disposed of.
The case of the petitioners is distinguishable from co-accused Amit.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 28.5.2018 Shiraz