Court No. - 43
Case :- CRIMINAL MISC. WRIT PETITION No. - 37644 of 2018 Petitioner :- Altaf Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Chandra Prakash Singh Counsel for Respondent :- G.A.
Hon'ble Pankaj Naqvi,J. Hon'ble Rajendra Kumar-IV,J.
Heard Sri Chandra Prakash Singh, learned counsel for the petitioner and the learned A.G.A.
This writ petition has been filed by the petitioner to issue a writ, order or direction in the nature of certiorari quashing the impugned FIR dated 12.03.2018 registered as Case Crime No. 79 of 2018, under section 323, 420, 467, 468, 471,506, 120-B I.P.C, P.S. Rudrapura District Gautam Budh Nagar.
Learned counsel for the petitioner submits that the only allegation against the petitioner is that he has executed a registered sale deed of the plots in dispute by registered sale deed dated 11.01.2016 in favour of the respondent no.3/informant, which had already been disposed of by the father of the petitioners. He further submitted that the dispute, if any, is civil in nature and the fact that the co-accused persons have already obtained a protective order from this Court in Criminal Misc. Writ Petition No. 27899 of 2018 on 04.10.2018. Hence, the petitioner is also entitled for the same relief. The petitioner is innocent and has been falsely implicated in the present case. The allegations levelled against him are absolutely false, frivolous and baseless. From a perusal of the FIR, no offence is made out against the petitioner, hence, the same be quashed.
Per contra learned A.G.A, submitted that from the perusal of the impugned F.I.R, and on the basis of the allegations made therein, it cannot be said that no cognizable offence is disclosed against the petitioners.
After having heard learned counsel for the parties and perusing the impugned F.I.R, we are not inclined to quash the same.
However, considering the peculiar facts and circumstances of the case, we direct that investigation of the aforesaid case shall go on but the petitioners shall not be arrested till the submission of police report under Section 173(2) Cr.P.C, subject to their extending full co-operation during investigation.
With the aforesaid direction, this petition is finally disposed of. Order Date :- 21.12.2018 Ashok Gupta