Court No. - 43
Case :- CRIMINAL MISC. WRIT PETITION No. - 37627 of 2018 Petitioner :- Yash Gupta Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Manoj Kumar Mishra Counsel for Respondent :- G.A.
Hon'ble Pankaj Naqvi,J. Hon'ble Rajendra Kumar-IV,J.
Heard Sri Manoj Kumar Mishra, learned counsel for the petitioner and the learned A.G.A.
This writ petition has been filed, seeking a writ of mandamus, directing the respondent concerned, not to arrest the petitioner, with a further prayer for quashing the proceedings of Case Crime No.124/2018, under Sections 436/120-B IPC, P.S. Ecotech-First, Gautambudha Nagar.
It is submitted by learned counsel for the petitioner that the petitioner was a tenant of a plastic unit under the landlordship of respondent no.3 / 1st informant, wherein a fire mishap took place on the intervening night of 26/27.9.2018 at 12.10 AM, matter was promptly reported to the fire brigade which doused the fire, the 1st informant preferred a claim before the insurer (Annexure-3) and only when the claim became disputed, impugned FIR was lodged on vexatious allegations after 1&1/2 months of the occurrence, the impugned FIR is liable to be quashed.
Per contra, the learned A.G.A has opposed the submission.
After having heard learned counsel for the parties and perusing the impugned FIR as well as the other material brought on record, it cannot be said that prima facie no offence is made out against the petitioners. Therefore, the prayer for quashing the FIR is refused.
However, we dispose of this writ petition with the direction that investigation of the aforesaid case shall go on but the petitioner shall not be arrested in the aforesaid case till the submission of police report under Section 173(2) Cr.P.C., subject to his cooperation during investigation.
With this direction, this petition is finally disposed of.
Order Date :- 20.12.2018 Chandra