Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 37548 of 2018 Petitioner :- Amrit Lal Kol Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Laxmi Narayan Mishra Counsel for Respondent :- G.A.
Hon'ble Ram Surat Ram (Maurya),J. Hon'ble Anil Kumar-IX,J.
Heard Sri Laxmi Narayan Mishra for the petitioner and A.G.A. for the State of U.P.
The writ petition has been filed for quashing the F.I.R. dated 13.7.2017, registered as Case Crime No.300 of 2017, under Sections 419, 420, 468, 506, I.PC., P.S. Marihan, district Mirzapur.
In substance, the allegation has been made in the F.I.R. is that Virendra Singh son of Rameshwar was bhumidhar of the land in dispute. After his death his son inherited the property in dispute but his name was not mutated. When the informant had gone to cultivate the land on 3.7.2017 then it was objected by Munakka Devi wife of Lalla Singh and four other persons and on inquiry it was revealed that they had got executed sale deed dated 17.6.2014 in favour of Munakka Devi in which Ram Kishor, Jai Prakash Mishra were witness of sale deed and it was drafted by Vijai Karan Singh, Advocate although Virendra Singh had died on 29.2.2000. In the F.I.R. only four persons were named. During investigation additional statement of Dinesh Kumar Mishra was recorded in which he had stated that Amrit Lal Kol was given some money from the account of Shiv Kumar. On its basis the petitioner is being apprehended by the police.
The counsel for the petitioner submits that the petitioner is neither beneficiary of the sale deed nor witness of it. The petitioner is being falsely implicated in the present case.
In the fact of the case, the writ petition is disposed of directing that the petitioner shall not be arrested in Case Crime No.300 of 2017, under Sections 419, 420, 468, 506, I.PC., P.S. Marihan, district Mirzapur till submission of police report under Section 173(2) Cr.P.C.
Order Date :- 20.12.2018 mt