- (1.) The applicant has invoked the inherent jurisdiction of the Court u/s 482 Cr. P. C. for quashing the order dated 9.6.2014 passed by the 1st Addl. Chief Judicial Magistrate, Gautam Budh Nagar in Misc. Case no. 141 of 2014 Rajesh Yadav Vs. Vinod Aggarwal arising out of case crime no. 182 of 2014 u/s 406 and 420 IPC P. S. Sector-24 NOIDA, District Gautam Budh Nagar as also to quash the entire proceedings of the case.
(2.) It appears that the O. P. No. 2, as Director of Progressive Shelters Pvt. Ltd (PSPL) filed an application u/s 156 (3) Cr. P. C. against the applicant, who is admittedly one of the directors of BLS Infrastructure Ltd., and 19-others for commission of offence punishable u/s 406 and 420 IPC in the Court of Chief Judicial Magistrate, whereupon an FIR was registered under the orders of the Magistrate on 18.3.2013 in P. S. Sector-24 NOIDA. However, after investigation, the police filed final report, which was objected to by opposite party through protest petition dated 30.4.2014 and the learned 1st Addl. Chief Judicial Magistrate, Gautam Budh Nagar vide order dated 9.6.2014 allowing the protest petition had rejected the final report and has taken cognizance u/s 190 (1) (b) Cr. P. C. against the applicant, his brothers Vinod Aggarwal and Diwakar Aggarwal, son Karan Aggarwal and 4 others for commission of offence punishable u/s 406 and 420 IPC. Only the applicant has come up to challenge the aforesaid impugned order as also the entire proceedings of the criminal case arising out of crime no. 182 of 2013.
(3.) Indisputably after registration of the FIR aforesaid at the instance of opposite party no. 2, the applicant, Vinod Aggarwal, Diwakar Aggarwal, Karan Aggarwal and Suresh Mehta filed Cr. Misc. Writ Petition no. 5925 of 2013 for the following reliefs : I. Issue a writ, order or direction in the nature of certiorari quashing the first information report registered vide crime no. 182 of 2013, under sections 420, 406, 467, 468, 471, 120-B, 506/34 I.P.C. dated 18.3.2013 lodged by respondent no. 3. II. Issue a writ, order or direction in the nature of mandamus commanding the respondent no. 2 and his subordinate officials not to arrest or harass the petitioners in pursuance of the order directing the further investigation in the case. III. Issue any other writ, direction or order or grant such other and further relief as may be deemed fit and proper in the circumstances of the case. IV. Award costs of the petition to the petitioners.;