Court No. - 4
Case :- CRIMINAL MISC. WRIT PETITION No. - 1529 of 2019 Petitioner :- Anoop Kumar Agarwal Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Shashank Tripathi Counsel for Respondent :- G.A.
Hon'ble Bala Krishna Narayana,J. Hon'ble Ghandikota Sri Devi,J.
Heard learned counsel for the petitioner and learned A.G.A. for the State.
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 20.09.2018 registered as Case Crime No. 270 of 2019, under Sections 420, 467, 468, 471, 504, 506 I.P.C., P.S. Kotwali , District Kanpur Nagar .
Learned counsel for the petitioner submitted that the impugned F.I.R. has been lodged by the respondent no. 3 pursuant to an order passed by the concerned Magistrate on the application moved by her under Section 156(3) Cr.P.C. falsely alleging therein that co-accused, Manju Jain, sister- in-law of the petitioner had forged a sale deed dated 5.3.2018 in respect of the house belonging to the respondent no. 3 in which she was residing as a tenant. He next submitted that the only allegation made against the petitioner is that he had colluded with co-accused, Manju Jain in forging the sale deed. He further submitted that the arrest of the main accused, Manju Jain in this case has been stayed by another co-ordinate Bench of this Court by order dated 20.12.2018 passed in Criminal Misc. Writ Petition No. 37529 of 2018 (Annexure-10). He further submitted that in view of the above and the fact that no credible evidence whatsoever is coming forth even prima facie indicating at the petitioner's complicity, hence the impugned F.I.R. qua the petitioner is liable to be quashed.
Per contra learned A.G.A. submitted that from the perusal of the impugned FIR and on the basis of the allegation made therein, it cannot be said that no cognizable offence is disclosed against the petitioner.
After having heard learned counsel for the parties present and perused the impugned FIR, 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 petitioner shall not be arrested till the submission of police report under section 173(2) Cr.P.C. subject to his extending full co-operation during investigation.
With the aforesaid direction, this petition is finally disposed of.
Order Date :- 22.1.2019 SA