Court No. - 43
Case :- CRIMINAL MISC. WRIT PETITION No. - 21910 of 2019 Petitioner :- Ashok Kumar And Antoher Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sohan Lal Yadav Counsel for Respondent :- G.A.
Hon'ble Pankaj Naqvi,J. Hon'ble Suresh Kumar Gupta,J.
Heard Shri Sohan Lal Yadav, learned counsel for the petitioners 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 1.8.2019 registered as Case Crime No.772 of 2019, under sections 147, 148, 149, 420, 467, 468, 471, 120-B, 504, 506 I.P.C, P.S. NOIDA, District G.B.
Nagar.
It is submitted by learned counsel for the petitioners that petitioner no.1 is the son of petitioner no.2, who is real sister of Batasi Devi, she executed an agreement to sell on 29.11.2011 in favour of informant, but the conditions mentioned therein were not fulfilled by the informant, Batasi Devi after executing a registered will in favour of petitioners died on 18.4.2015, name of the petitioners mutated in the revenue records on 14.12.2015, impugned FIR is malafidely motivated lodged after a long delay, dispute, if any, is civil in nature, no offence is made out, FIR be quashed.
Per contra learned A.G.A, 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 :- 26.9.2019 N.S.Rathour