Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 2711 of 2019 Petitioner :- Arun Kumar Saini Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Shoab Qumar Khan Counsel for Respondent :- G.A.
Hon'ble Ram Surat Ram (Maurya),J. Hon'ble Anil Kumar-IX,J.
Heard Sri S.Q. Khan 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 28.5.2018, registered as Case Crime No.497 of 2018, under Sections 420, 406, 506, IPC P.S. Civil Lines, Moradabad.
In the F.I.R. the allegation has been made that one Krishna Kumar Agrawal had taken some money from the informant with the assurance that he would get his case decided in his favour as he is a near relation of the Presiding Officer. Although he took the money from the informant but neither the case was decided nor the money was returned. When the money was demanded back threat was extended to the informant and in the meantime, Krishna Kumar Agrawal colluding with one Arun Kumar took forcible possession over the disputed land of plot no.19 of village Majholi, belonging to the informant.
The counsel for the petitioner submits that the allegation made in the F.I.R. is totally false. The informant has already filed O.S. No.479 of 2017 against the petitioner in which his application 6C has been rejected by Civil Judge (Senior Division) by order dated 28.3.2018. His possession over the land in dispute was not found by the civil court. The informant challenged the aforesaid order in Misc. Appeal No.8 of 2018 which has been disposed of by order dated 15.10.2018 of Additional District Judge, Court No.3, Moradabad directing the parties to maintain status quo. Since the informant is not in possession over the land in dispute then on the false allegation the present F.I.R. has been filed.
In view of the fact the writ petition is disposed of with the direction that the petitioner shall not be arrested in Case Crime No.497 of 2018, under Sections 420, 406, 506, IPC P.S. Civil Lines, Moradabad, till submission of police report under Section 173(2) Cr.P.C.
Order Date :- 31.1.2019 mt