Court No. - 45
Case :- CRIMINAL MISC. WRIT PETITION No. - 25729 of 2019 Petitioner :- Bhamuli And 6 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Azad Khan,Mir Sayed Counsel for Respondent :- G.A.
Hon'ble B. Amit Sthalekar,J. Hon'ble Shekhar Kumar Yadav,J.
Heard the learned counsel for the petitioner and the learned A.G.A. for the State.
The petitioner in the present writ petition is seeking quashing of the F.I.R. dated 13.11.2019 registered as Case Crime No. 481 of 2019 under sections 420, 467, 468, 471, 120-B, 452, 323, 504, 506 and 3(1)(j) of S.C./S.T. (Prevention of Atrocities) Act, 1989 (Amended 2015) Police Station Nakud District Saharanpur with a further prayer not to arrest him in pursuance of the said first information report.
The facts in brief, as per the F.I.R, are that on 4.5.2019 the petitioner no. 1 has executed a registered agreement to sell the land in question in favour of Vijay Pal (petitioner no 2) and the petitioners no. 3 and 4 are the marginal witnesses of the aforesaid agreement fraudulently.
The submission of the learned counsel for the petitioners is that the incident of fraudulent agreement is alleged to have taken place on 4.5.2019 but the F.I.R. has been lodged on 16.9.2019 after a gap of about four months and the same has also not been properly explained. Further it is submitted that the petitioners have been falsely been implicated in the present case due to ulterior motive.
Per contra learned A.G.A. contended that the allegations made in the first information report cannot be aborted at this stage. The petitioners will have sufficient opportunity to rebut the allegations.
From perusal of the F.I.R., prima facie cognizable offences is made out at this stage against the petitioner, therefore, we do not find any cogent reason to quash the first information report. The prayer for quashing the first information report is refused.
It is also informed that petitioners no. 2 and 7 have already been arrested. Therefore, the petition in respect of petitioners no. 2 and 7 is dismissed.
However, in the facts and circumstances of the case and the submissions advanced on behalf of the petitioner, it is directed that the petitioners no. 1,3,4,5 and 6 shall not be arrested in the aforesaid case till the submission of police report under Section 173 (2) Cr.P.C., subject to the restraint that they shall co-operate with the investigation and shall appear as and when called upon to assist in the investigation.
With the above direction, this petition is finally disposed of so far petitioners no. 1,3,4,5 and 6 are concerned.
Order Date :- 17.12.2019 o.k.