Smt. Sapna Agarwal And Another vs State Of U.P. And 3 Others
2018 Latest Caselaw 885 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 1
 
Case :- CRIMINAL MISC. WRIT PETITION No. - 13465 of 2018
 
Petitioner :- Smt. Sapna Agarwal And Another
 
Respondent :- State Of U.P. And 3 Others
 
Counsel for Petitioner :- Niklank Kumar Jain,Amit Daga
 
Counsel for Respondent :- G.A.
 
Hon'ble Ramesh Sinha,J.

Hon'ble Dinesh Kumar Singh-I,J.

Heard Sri Amit Daga, learned counsel for the petitioners, Sri A.K.Sand, learned A.G.A. for the State and perused the impugned FIR as well as material brought on record.

This petition has been filed by the petitioners with a prayer to quash the FIR dated 1.4.2018, registered as case crime No.364 of 2018, under Sections 420 I.P.C., Police Station Kotwali, District Etah.

Learned counsel for the petitioners submits that the petitioners and respondent no.4 are closely related to each other and there was some dispute between the parties with respect to shares in the Company in question, on account of which the impugned FIR has been lodged by respondent no.4 against the petitioners on the basis of an application under Section 156(3) Cr.P.C. with a malafide intention. The allegation levelled against the petitioners is absolutely false, frivolous and baseless. No offence is made out against the petitioners, hence, FIR is liable to be quashed by this Court.

Learned A.G.A. opposed the prayer for quashing of the FIR.

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 they 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 :- 24.5.2018/NS