HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. – 43
Case :- CRIMINAL MISC. WRIT PETITION No. – 22246 of 2019
Petitioner :- Rajendra Kumar Aneja (R.K. Aneja) And Another
Respondent :- State Of U.P. And 3 Others
Counsel for Petitioner :- Bablu Singh,Sri Samit Gopal(Senior Advocate)
Counsel for Respondent :- G.A.
Hon’ble Pankaj Naqvi,J.
Hon’ble Suresh Kumar Gupta,J.
Supplementary affidavit has been filed today, is taken on record.
Heard Sri Samit Gopal, learned Senior Advocate, assisted by Sri Bablu Singh, learned counsel for the petitioners and Ms. Archna Singh, the learned A.G.A.
This writ petition has been filed, seeking a writ of mandamus, directing the respondent concerned, not to arrest the petitioners, with a further prayer for quashing the impugned FIR dated 04.09.2019, Case Crime No. 1074 of 2019, under Sections 354 Section506 I.P.C., Police Station-Phase-III, District Gautam Budh Nagar.
It is submitted by learned counsel for the petitioners that essentially the dispute is between the directors of the company, F.I.R. is malafidely motivated, on an earlier occasion informant/respondent no. 4 preferred a complaint which resulted in a final report dated 06.08.2019 (wrongly typed as 2018) that as there was a dispute relating to certain outstandings, no allegation with regard to Section 354 I.P.C. was made and now concealing the abovesaid fact respondent filed an application under Section 156 (3) SectionCr.P.C., pursuant to which the impugned F.I.R. has been registered which is malafidely and maliciously motivated only with a view to harass the petitioners, which 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 petitioners shall not be arrested in the aforesaid case till the submission of police report under Section 173(2) Cr.P.C., subject to their cooperation during investigation.
With this direction, this petition is finally disposed of.
Order Date :- 1.10.2019
Vibha Singh
