Court No. - 33
Case :- CRIMINAL MISC. WRIT PETITION No. - 2318 of 2019 Petitioner :- Buddhpal And 3 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Shailendra Singh Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J. Hon'ble Vivek Varma,J.
Heard learned counsel for the petitioners, learned AGA for the State- respondents and perused the record.
Instant writ petition seeks quashing of the FIR dated 5.8.2018, registered as Case Crime No. 489 of 2018, under Sections 504, 506, 420,467,468 IPC at P.S. Gunnaur, District Bheem Nagar.
Allegation in the FIR is of execution of the sale deed by impersonation.
As the allegation discloses commission of cognizable offence, the FIR is not liable to be quashed.
Contention of learned counsel for the petitioners is that the sale deed is genuine; that the person who executed the sale deed has not lodged any complaint; and that there is a civil suit pending.
Be that as it may, once the allegation discloses commission of cognizable offence, it is a matter of investigation whether the sale deed has been executed by imposter or by genuine person. Moreover, it is expected that during investigation, the Investigating Officer shall take samples of signatures/photographs of the person by whom sale deed is purported to have been executed and compare the same with those that appear on the documents.
In view of above, no case for interference is made out. The petition is dismissed.
Order Date :- 29.1.2019 RavindraKSingh