Sudhir Agarwal, B.K. Srivastava II, JJ. - (1.) HEARD learned Counsel for petitioner and perused the record. By means of present writ petition, petitioner is seeking quashing of first information report dated 31.8.2014, registered as Case Crime No. 500 of 2014, under section 395, Police Station Daurala, District Meerut.
(2.) IT is contended that vehicle in question is registered in the name of petitioner and though initially he had agreed to sell it after receiving Rs. 25,000/ - but subsequently informant said that he does not want to purchase the vehicle and the money and vehicle changed the hands. Hence there is no question of any crime being committed by petitioner and therefore first information report does not disclose any cognizable offence and is liable to be quashed. It is further contended that in the similar matters this Court has passed order in cases of some other persons providing protection against arrest and one of such order dated 8.9.2014 passed in Criminal Misc. Writ Petition No. 15597 of 2014 is referred to, which reads as under: "Learned A.G.A. has accepted notice on behalf of the opposite party Nos. 1 and 2. Issue notice to the opposite party No. 3. Each one of the respondent is accorded six weeks time to file counter affidavit. Rejoinder affidavit may also be filed within two weeks thereafter. List after eight weeks. It has been submitted on behalf of the petitioners that as far as Bolero Car in question is concerned, same has been registered in the name of the petitioner No. 1. It has also submitted that after some time, the petitioner No. 1 has sold his Bolero Car to the informant for sum of Rs. 5,35,000/ - and the informant has given Rs. 25,000/ - as a taken money against the said vehicle in question and the petitioner No. 1 had handed over his car on the commitment that the ownership will be transferred after the whole payment but at later point of time, he did not fulfill the commitment as such vehicle in question was returned back to the petitioner No. 1 on account of intervention of relatives, and such situation was not relished by informant and petitioners' submission is that FIR in question has been lodged mentioning therein incorrect statement of facts in order to harass and victimize the petitioners. Prima facie arguments advanced appears to have some substance and requires consideration by this Court as such pursuant to impugned F.I.R. dated 31.8.2014 registered as Case Crime No. 500 of 2014, under section 395 I.P.C., P.S. Daurala, District Meerut, petitioners may not be arrested till submission of police report, under section 173(2) Cr.P.C., and the petitioners shall extend full cooperation in the investigation and shall not interfere with the ongoing investigation."
(3.) HAVING heard learned Counsel for petitioner, we do not find any merit in the submissions.;