Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 25236 of 2019 Petitioner :- Braj Mohan Pandey And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Somendra Singh Counsel for Respondent :- G.A.,Vishnu Shankar Choubey
Hon'ble Manoj Misra,J. Hon'ble Gautam Chowdhary,J.
Heard learned counsel for the petitioners; the learned A.G.A. for the respondents 1 and 2; Sri Vishnu Shanker Chaubey for the respondent no.3; and perused the record.
The instant petition seeks quashing of the first information report dated 16.11.2019 registered as Case Crime No. 0421 of 2019 at P.S. Chhata, District- Mathura, under Sections 420, 120-B, 504, 506 I.P.C.
The contention of the learned counsel for the petitioners is that although the allegations made in the impugned first information report may disclose commission of cognizable offence but the petitioner no.1 is an advocate and he is not a signatory to the sale-deed or to any document and in so far as the petitioner no.2 is concerned, he is merely a deed writer and is not beneficiary of the transaction and therefore the case of the petitioners is distinguishable from that of the other accused.
Be that as it may, as the allegations disclose commission of cognizable offence, therefore, the prayer of the petitioners to quash the first information report cannot be accepted.
However, considering the facts of the case, we deem it appropriate to dispose off this petition by providing that investigation of the case shall continue and brought to its logical conclusion but petitioners shall not be arrested in the above case till submission of police report under Section 173 (2) CrPC. provided they cooperate in the investigation.
Order Date :- 19.12.2019 Sunil Kr Tiwari