Mahesh Kumar Gupta vs State Of U.P. And 3 Others
2019 Latest Caselaw 872 ALL

Citation : 2019 Latest Caselaw 872 ALL
Judgement Date : 8 March, 2019

Allahabad High Court

Mahesh Kumar Gupta vs State Of U.P. And 3 Others on 8 March, 2019

Bench: Manoj Misra, Vivek Varma




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 33
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 5901 of 2019
 

 
Petitioner :- Mahesh Kumar Gupta
 
Respondent :- State Of U.P. And 3 Others
 
Counsel for Petitioner :- Diwan Saifullah Khan,Diwan Saifullah Khan
 
Counsel for Respondent :- G.A.,Amit Mishra
 

 
Hon'ble Manoj Misra,J.

Hon'ble Vivek Varma,J.

The contention of learned counsel for the petitioners is that the allegation made in the FIR discloses nothing but, a civil dispute arising out of contractual obligation and without any basis, the offences chargeable under Sections 467, 468 and 471 I.P.C. have been levelled when there is no creation of any false documents.

The matter requires consideration.

Learned A.G.A. has accepted notice on behalf of respondent nos.1, 2 and 3.

Sri Amit Mishra, Advocate has accepted notice on behalf of respondent no.4

They pray for and are allowed three weeks time to file their respective counter affidavits. Two weeks thereafter for the petitioners to file rejoinder affidavit.

List after five weeks.

Till the next date of listing or till submission of police report under section 173 (2) Cr.P.C., whichever is earlier, the petitioners shall not be arrested in Case Crime No.0062 of 2019, under Sections 420, 467, 468 and 471 I.P.C., Police Station Qilla, District Bareilly, subject to petitioners' co-operation in the investigation.

It is made clear that this Court has not stayed the investigation of the aforesaid case.

Order Date :- 8.3.2019

Ajeet