Court No. - 46
Case :- CRIMINAL MISC. WRIT PETITION No. - 17043 of 2019 Petitioner :- Yogesh Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Rajrshi Gupta,Trapti Gupta Counsel for Respondent :- G.A.
Hon'ble Naheed Ara Moonis,J. Hon'ble Jayant Banerji,J.
Heard the learned counsel for the petitioner and the learned A.G.A. for the State.
By means of the present writ petition, the petitioner has invoked extraordinary jurisdiction of this Court with a prayer to quash the FIR dated 14.8.2016 registered as Case Crime No. 1072 of 2016 under Section 420, 467, 468, 471 IPC & under Section 66 of the Information and Technology Act, 2008, P.S. Kavi Nagar, District Ghaziabad.
It is submitted by the learned counsel for the petitioner that the petitioner is not named in the first information report lodged by the respondent no. 4 way back in the year 2016 and it is only on 22.5.2019 the police has submitted a report that the petitioner is also wanted in the present case. The petitioner has nothing to do with the allegation as contained in the first information report. He is being persecuted with some ulterior intention. He further submitted that apart from the bald allegations made in the impugned F.I.R. no evidence is forthcoming even prima facie indicating at the complicity of the petitioner in the commission of the alleged crime and hence the impugned F.I.R. is liable to be quashed.
Per contra learned A.G.A. contended that the allegations made in the first information report cannot be aborted at this stage. The petitioner will have sufficient opportunity to rebut the allegations.
From perusal of the F.I.R., prima facie cognizable offences is made out at this stage against the petitioner, therefore, we do not find any cogent reason to quash the first information report. The prayer for quashing the first information report is refused.
However, in the facts and circumstances of the case and the submissions advanced on behalf of the petitioner, it is directed that 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 the restraint that he shall co-operate with the investigation and shall appear as and when called upon to assist in the investigation.
With the above direction, this petition is finally disposed of.
Order Date :- 24.6.2019 A. V. Singh