Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 1702 of 2019 Petitioner :- Balwant Yadav And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Indra Bhan Yadav,Sudhir Kumar Agarwal Counsel for Respondent :- G.A.
Hon'ble Ram Surat Ram (Maurya),J. Hon'ble Anil Kumar-IX,J.
Heard Sri Sudhir Agarwal for the petitioners and A.G.A. for the State of U.P.
The writ petition has been filed for quashing the F.I.R. dated 17.01.2019, registered as Case Crime No.0018 of 2019, under Sections 147, 148, 323, 504, 506, 452,395, 427, IPC, P.S.
Kotwali, district Azamgarh.
In substance the allegation made in the F.I.R. is that on 17.01.2019 at 6-30 A.M. Balwant Yadav and Rudal Yadav with 15 other unknown accused armed with deadly weapons entered in the house of the informant and snatched gold chain and ear rings from the wife of the informant and also forcibly demolished the wall of his house from JCB and looted various goods from the house including a tullu pump.
The counsel for the petitioners submits that property in dispute was sold by sale deed dated 18.11.2014 by the father of the informant in favour of mother of petitioner-1. Thereafter the informant filed O.S. No.487 of 2014 against the petitioners for cancellation of sale deed. In this suit the informant filed an application for interim injunction which was rejected after hearing the parties by order dated 14.1.2019 and it has been held that the respondents are neither owner nor in possession over the property in dispute. Thereafter on false allegation this F.I.R. against the petitioners has been lodged.
In the facts of the case, the writ petition is disposed of with the direction that the petitioners shall not be arrested in Case Crime No.0018 of 2019, under Sections 147, 148, 323, 504, 506, 452, 395, 427, IPC, P.S. Kotwali, district Azamgarh, till submission of police report under Section 173(2) Cr.P.C.
Order Date :- 22.1.2019 mt