JAGANNATH SINGH Vs. AJAY UPADHYAY

JUDGEMENT

(1.) Heard learned counsel for the petitioner and the learned APP for the State.

(2.) The Respondent No.1 has filed a Criminal Complaint before the JMFC, Bhiwandi, against the accused for breach of trust and other offences under Sections 403, 504, 406, 409, 506 II r/w. 511 and 120-B of the I.P.C. According to the Petitioner - Accused he has no role to play in the so-called offence. He has no concern with the business of his son - the accused No.2, who is not respondent in the petition, and, therefore, FIR which is registered against him should be quashed.

(3.) The petitioner has stated in the petition that after the complaint was filed by the respondent No.1, Magistrate ordered investigation under Section 156 of the Criminal Procedure Code (for short "Code") and the police have registered M.C.R. No. 2/2005 against the petitioner and his son. The son of the petitioner was arrested and now the police want to arrest the petitioner. Counsel for the petitioner contended that till the petition is decided, protection should be granted to him from arrest.