Court No. - 45
Case :- CRIMINAL MISC. WRIT PETITION No. - 25753 of 2019 Petitioner :- Brijesh Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ravitendra Pratap Singh Chandel,A.C.Srivastava 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 25.07.2019 registered as Case Crime No.623 of 2019, under Sections 420, 467, 468, 471, 506 I.P.C., Police Station Murad Nagar, District Ghaziabad with a further prayer not to arrest him in pursuance of the said first information report.
As per allegations made in the F.I.R., which has been lodged by respondent no.4, one Shekhar Chaudhary s/o Prem Singh and Brijesh s/Jagbir Singh, the petitioner had executed a sale-deed to Adesh Gupta s/o Mangalsen Gupta by impersonating himself as Vijay Singh, hence, the impugned F.I.R.
Learned counsel for the petitioner contended that the impugned first information report has been lodged by complainant containing absolutely false and concocted allegations against the petitioner with the ulterior intention of harassing the petitioner. The allegations are vague because in the impugned F.I.R. itself no date and time has been described. It is further contended that neither the petitioner is seller nor purchaser nor the marginal witness of the aforesaid sale deed, hence, the impugned F.I.R. is liable to be quahsed.
Per contra learned A.G.A. contended that the allegations made in the first information report cannot be aborted at this stage. The petitioner 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.
However, in the facts and circumstances of the case and the submissions advanced on behalf of the petitioner, it is directed that 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 the restraint that he 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.
Order Date :- 18.12.2019 Ajeet