Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 1714 of 2019 Petitioner :- Arvind Kumar Yadav And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- A.C.Tiwari(Ac) Counsel for Respondent :- G.A.
Hon'ble Ram Surat Ram (Maurya),J. Hon'ble Anil Kumar-IX,J.
Heard Sri A.C. Tiwari, learned counsel for the petitioners and the learned A.G.A. for the State of U.P.
The writ petition has been filed for quashing the F.I.R. dated 16.11.2018 registered as Case Crime No.0834 of 2018 under Sections 419, 420, 467, 468, 471, 406 and 506 I.P.C. Police Station-Jhunsi, District-Allahabad (Prayagraj).
In the F.I.R. in substance the allegation has been made that the first informant purchased the land in dispute through sale deed dated 29.04.2006 and 19.07.2006. The same land was purchased by the petitioners from Bhgwan Das and Santosh Kumar through sale deed dated04.07.2015.
The learned counsel for the petitioners submits that the petitioners are bonafide transferee for valuable consideration. So far as Krishna Kumar and Vishnu Bhgwan are concerned their shares were declared as Navin Parti through consolidation while name of Bhagwan Das and Santosh Kumar remain recorded over the disputed land in CH Form No. 41 and 45. The petitioners have not committed any offence in this regard.
In view of the facts, the writ petition is disposed of with a direction that the petitioners shall not be arrested in Case Crime No.0834 of 2018 under Sections 419, 420, 467, 468, 471, 406 and 506 I.P.C. Police Station-Jhunsi, District-Allahabad (Prayagraj) till the submission of police report under Section 173(2) Cr.P.C.
Order Date :- 22.1.2019 Rahul.