Court No. - 41
Case :- CRIMINAL MISC. WRIT PETITION No. - 5060 of 2018 Petitioner :- Devendra Pratap Singh And 4 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Suresh Chandra Pandey Counsel for Respondent :- G.A.
Hon'ble Rajesh Dayal Khare,J. Hon'ble Rajiv Gupta,J.
Heard learned counsel for the petitioners and learned A. G. A. for the State.
This writ petition has been filed by the petitioners with a prayer to quash the F.I.R. dated 16.2.2018 lodged in Case Crime No.0177 of 2018, under Sections 467,468,471,420 I.P.C., Police Station Vrindavan, District Mathura.
Learned counsel for the petitioners contends that the first informant as well as his brothers filed case no. 86A under section 229B/209 in the court of Sub-Divisional Officer Mathura which was decided against them. Concealing material facts, the first informant as well as his brothers filed another case under sectin 229B(3) of U.P.Z.A. & L.R. Act the same was also dismissed and during the proceeding pending consideration before the D.D.C. the petitioner has executed agreement to sale in favour of Devndra Pratap Singh. The respondent no. 4 lodged the F.I.R. by way of moving an application under section 156(3) Cr.P.C.. against the petitioners. The petitioner came to know about his implication in the said crime without there being any credible evidence against him in commission of alleged offence. He further submitted that apart from the bald allegations made in the F.I.R., which is a bundle of lies and product of malice, no credible evidence is forthcoming, even prima facie, indicating that any such incident had taken place, hence the impugned F. I. R. is liable to be quashed.
Per contra, learned A. G. A. submitted that from the perusal of the impugned F.I.R. it cannot be said that no cognizable offence is made out, hence the impugned F.I.R., is not liable to be quashed.
From the perusal of the F.I.R. it appears that on the basis of the allegations made therein prima facie cognizable offence is made out hence, there is no scope for interfering with the impugned F.I.R.Therefore, the prayer for quashing the impugned F. I. R. is refused.
However, considering the submissions advanced by learned counsel for the petitioners and nature of allegations made in the F. I. R., it is directed that the petitioners shall not be arrested in the aforementioned case till submission of police report under Section 173 (2) or till credible evidence is collected, whichever is earlier.
With the aforesaid directions, this writ petition is disposed of finally.
Order Date :- 27.2.2018 R