- (1.) HEARD Sri H.R. Misra, Senior Advocate assisted by Sri K.M. Misra, learned counsel for the petitioner, learned A.G.A. for the State of U.P. and Sri Satish Trivedi, Senior Advocate assisted by Sri Rakesh Kumar Singh, learned counsel for the complainant.
(2.) THIS petition has been filed by the petitioner Ranbir Singh with a prayer to quash the F.I.R. in case crime no. 105 of 2014, under sections 420,467,468,471 I.P.C. P.S. Indrapura district Ghaziabad.
(3.) FROM the perusal of the impugned F.I.R. it appears that on the basis of the allegations made therein a prima facie cognizable offence is made out. There is no ground for interference in the F.I.R. Therefore, the prayer for quashing the impugned F.I.R. is refused. However, considering the submission made by the learned counsel for the petitioner that the impugned FIR has been lodged as a counter blast of the removal of respondent no. 4, Sri Shant Ram Raghav from the post of Honorary Secretary of Shiksha Vihar Sahkari Awas Committee of Management of the said Society on 20.7.2014 against the aforesaid resolution dated 20.7.2014, respondent no. 4 filed a representation/appeal before the Registrar under section 128 of the Act, the same was rejected by the Additional Housing Commissioner/ Additional Registrar U.P. Awas Vikas Parishad, Lucknow on 17.10.2014, the order dated 17.10.2014 was challenged by respondent no. 4 before the Joint Secretary( Co -operative ) U.P. Shashan Lucknow under section 98 ((2)(I) of the Act, the same was dismissed and thereafter the Society challenged the action of the State Government in entertaining the appeal of respondent no.4 by filing writ petition no. 6902 of 2015 wherein vide order dated 5.2.2015 three weeks time has been granted to respondent to file counter affidavit? it is directed that the petitioner shall not be arrested in above mentioned case, till the credible evidence is not collected by the I.O. during investigation the view taken by the Apex Court in the case of Joginder Kumar Versus State of U.P., 1994 CrLJ 1981.;