Devendra Bhardwaj and Another Vs State of U.P. and 3 Others

Court No. - 3

Case :- CRIMINAL MISC. WRIT PETITION No. - 35943 of 2018

Petitioner :- Devendra Bhardwaj And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ajay Kumar Pandey Counsel for Respondent :- G.A.

¶4

Hon'ble Pritinker Diwaker,J. Hon'ble Umesh Kumar,J.

¶5

Heard Sri Sheshadri Trivedi, learned counsel for the petitioners and Sri Amit Sinha, learned AGA for State.

¶6

This writ petition has been filed by the petitioners seeking quashment of the FIR dated 20.11.2018 in respect of Case Crime No.0745 of 2018 under Sections 420, 406, 506 I.P.C., Police Station- Hari Parvat, District- Agra.

¶7

Learned counsel for the petitioners submits that whatever allegations have been made against the petitioners can at best be called civil dispute between the parties but has been given criminal colour just to pressurize the petitioners. It has been argued that if during partnership any dispute arises the same has to be resolved by the civil Court and not by the criminal Court.

¶8

On the other hand, State counsel opposes the petition.

¶9

Be that as it may, keeping in mind the nature of allegation levelled against the petitioners, we are not inclined to quash the first information report. The petition in that respect is dismissed.

¶10

However, in the larger interest, we finally dispose of this petition with a direction to the State authorities that no coercive action shall be taken against the petitioners in respect of above stated crime number till the submission of charge sheet under Section 173(2) of Cr. P.C before the Court concerned.

¶11

It is made clear that this order would remain effective till the petitioners cooperate in the investigation.

¶12

The writ petition is accordingly disposed of.

¶13

Order Date :- 12.12.2018 Fhd.

Devendra Bhardwaj and Another v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Devendra Bhardwaj and Another v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Neelam Bhushan Vs State of U.P. and 2 Others

Shaukin and 2 Others Vs State of U.P. and 2 Others

Dharmendra and 5 Others Vs State of U.P. and 2 Others

Rajoo and Anothers Vs State of U.P.

Ram Niwas and 3 Others Vs State of U.P. and 3 Others

Ram Krishna Alias Ram Kishun Vs State of U.P.