Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 22834 of 2018 Petitioner :- Yogesh Gautam Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Manu Khare Counsel for Respondent :- G.A.,Pankaj Kumar Gupta
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Manu Khare, learned counsel for the petitioner, Sri Pankaj Kumar Gupta, learned counsel for the private respondent, Sri N.K. Verma, 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 13.7.2018 registered as case crime no.0129 of 2018 under sections 406, 420, 467, 468, 471, 323, 504, 506 I.P.C., police station Swaroop Nagar, District Kanpur Nagar.
Learned counsel for the petitioners submits that the petitioner happens to be the brother-in-law of Rajat Soni, co-accused against whom main allegation has been made.
Learned A.G.A. as well as learned counsel for the private respondent opposed the prayer for quashing. Learned counsel for the private respondent submitted that it was the co-accused who has assured to return the money but he could not dispute that the petitioner is relative. The case of the petitioner is distinguishable from the case of co- accused Rajat Soni.
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 AU