Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 37538 of 2018 Petitioner :- Amar Singh And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Vibhendu Mishra Counsel for Respondent :- G.A.
Hon'ble Ram Surat Ram (Maurya),J. Hon'ble Anil Kumar-IX,J.
Counsel for petitioners is permitted to make necessary correction in the writ petition during the course of the day.
Heard Shri Vibhendu Mishra, learned counsel for petitioners and and learned A.G.A. for State of Uttar Pradesh.
This writ petition has been filed for quashing the F.I.R. dated 28.03.2018 registered as Case Crime No. 361 of 2018, under Sections 420, 406 & 506 I.P.C., Police Station- Vijay Nagar, District -Ghaziabad. During investigation under Sections 467, 468 and 471 I.P.C. were added in it.
In the F.I.R. in substance the allegation has been made that Surendra Kumar s/o Amar Singh agreed to sale a house to Rajesh Kumar Sharma (informant). In that connection, he has taken earnest money time to time and has also executed agreement to sale deed. So far as the petitioners Amar Singh and Kamlesh are witnesses for the sale deed.
Counsel for the petitioners submits that agreement was executed by Surendra Kumar and sale consideration was taken by him. The petitioners are merely witnesses of agreement to sale.
In view of the fact of present case writ petition is disposed of with the direction that petitioners shall not be arrested in Case Crime No. 361 of 2018, under Sections 420, 406, 467, 468, 471 & 506 I.P.C., Police Station- Vijay Nagar, District -Ghaziabad till the submission of report by Investigating Officer under Section 173(2) Cr.P.C.
Order Date :- 20.12.2018 Sharad/-