Court No. - 46
Case :- CRIMINAL MISC. WRIT PETITION No. - 7554 of 2021 Petitioner :- Anand Verma And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Bed Kant Mishra Counsel for Respondent :- G.A.,Ravi Sahu
Hon'ble Surya Prakash Kesarwani,J. Hon'ble Piyush Agrawal,J.
Heard Sri Bed Kant Mishra, learned counsel for the petitioners, Sri Roopak Chaube, learned A.G.A. for the State-respondents and Sanjay Kumar Sahu holding brief of Sri Ravi Sahu, learned counsel for the informant-respondent No.4.
This writ petition has been filed praying for the following relief:
"(i) Issue a writ, order or direction in the nature of CERTIOIRARI quashing the impugned First Information Report dated 20-11 2020 lodged in Case Crime No.0523 of 2020, Under Section 420 IPC, Police Station Rail Bazaar, District- Kanpur Nagar, (Annexure No.2 to the writ petition).
(ii) Issue a writ, order or direction in the nature of mandamus commanding the respondents authorities not to arrest the petitioner during investigation of the aforesaid case till the Submission of report under section 173(2) Cr.P.C. and not to interfere in his life and liberty accept according to law."
Learned counsel for the petitioners submits that the petitioners have civil dispute with the accused of the impugned FIR being Accused Nos.1, 2 and 3 and property in question, i.e. House No.488, Meerapur, Kanpur, is a trust property in respect of which the petitioners herein have filed O.S. No.622 of 2011 (Anand Verma and another vs. Noor Mohd. and Mohd. Rafique), which is still pending. He submits that the impugned first information report is a false FIR lodged by the informant respondent No.4, which has been set up by the accused Nos.1 and 2 with whom the petitioners have a civil litigation with respect to the property in question.
Matter requires consideration.
All the respondents may file counter affidavit within four weeks. Petitioners shall have two weeks thereafter to file rejoinder affidavit.
List/ put up in the additional cause list before the appropriate bench on 08.11.2021.
Considering the facts and circumstances of the case, as an interim measure, it is provided that till the next date fixed or till submission of police report under Section 173(2) Cr.P.C. whichever is earlier, petitioners shall not be arrested pursuant to the impugned First Information Report dated 20.11.2020, provided they cooperate in the investigation.
Order Date :- 21.9.2021 NLY