Court No. - 43
Case :- CRIMINAL MISC. WRIT PETITION No. - 37662 of 2018 Petitioner :- Anshuman Singh And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Rajiv Sisodia,Dhirendra Kumar Srivastava Counsel for Respondent :- G.A.,Chandravir Singh Raghuvanshi
Hon'ble Pankaj Naqvi,J. Hon'ble Rajendra Kumar-IV,J.
Heard Shri Rajiv Sisodia, learned counsel for the petitioner, Sri Chandravir Singh Raghuvanshi, learned counsel for the respondent no.3 and the learned A.G.A.
This writ petition has been filed by the petitioners to issue a writ, order or direction in the nature of certiorari quashing the impugned FIR dated 15.11.2018 registered as Case Crime No. 413 of 2018, under sections 120B, 420, 467, 471 I.P.C, P.S. Afjalgarh, District-Bijnore.
It is submitted that grand-father of the petitioners executed a registered agreement in favour of respondent no. 3 on 1.10.2009, the vendor expired in 2012, petitioners being the legal heirs of the vendor executed sale deeds in favour of third persons. It is submitted that dispute, if any, is civil in nature. From a perusal of the FIR, no offence is made out against the petitioners, hence, the same be quashed.
Per contra learned A.G.A and learned counsel for the respondent no.3, 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/AKT