Court No. - 53
Case :- CRIMINAL MISC. WRIT PETITION No. - 12071 of 2019 Petitioner :- Ashok Kumar Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Anand Priya Singh,Ajay Kumar Srivastava Counsel for Respondent :- G.A.,Aditya Kant Sharma,Punya Sheel Pandey Hon'ble Pankaj Naqvi,J. Hon'ble Umesh Kumar,J.
Heard Sri Ajay Kumar Srivastava, learned counsel for the petitioner, Sri Aditya Kant Sharma, learned counsel for the informant and the learned A.G.A.
This writ petition has been filed, seeking a writ of mandamus, directing the respondent concerned, not to arrest the petitioner, with a further prayer for quashing the impugned FIR dated 1.4.2019, registered as Case Crime No.180/2019, under Sections 419/420/467/468/469/471/120-B IPC, P.S. Shahganj, Agra.
It is submitted by learned counsel for the petitioner that the vendor of the informant was the attorney holder of the petitioner, who fraudulently executed a sale deed dated 29.7.2015 in favour of the informant, the said power of attorney was cancelled on 15.2.2016 on an application of the petitioner dated 19.2.2014, a Civil Suit as O.S. No.11128/2017 is also pending for the cancellation of the sale deed dated 29.7.2015, criminality is deliberately assigned for ulterior motives, no offences are made out, FIR be quashed.
Per contra, the learned A.G.A has opposed the submission.
After having heard learned counsel for the parties and perusing the impugned FIR as well as the other material brought on record, it cannot be said that prima facie no offence is made out against the petitioners. Therefore, the prayer for quashing the FIR is refused.
However, we dispose of this writ petition with the direction that investigation of the aforesaid case shall go on but the petitioner shall not be arrested in the aforesaid case till the submission of police report under Section 173(2) Cr.P.C., subject to his cooperation during investigation.
With this direction, this petition is finally disposed of.
Order Date :- 31.5.2019 Chandra