Court No. - 2
Case :- CRIMINAL MISC. WRIT PETITION No. - 16079 of 2019 Petitioner :- Dhal Singh Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Deepak Kumar Yadav Counsel for Respondent :- G.A.
Hon'ble Dinesh Kumar Singh-I,J. Hon'ble Pradeep Kumar Srivastava,J.
Heard Sri Deepak Kumar Yadav, learned counsel for the petitioners and Sri Om Prakash Mishra, learned A.G.A. for the State and perused the impugned F.I.R. as well as material brought on record.
This petition has been filed by the petitioner with a prayer to quash the F.I.R. dated 05.03.2012 registered as case crime no. 256 of 2012 under sections 417, 420, 468, 120-B I.P.C. and Section 13 (1) D read with Section 13 (2) Prevention of Anti Corruption Act, 1988, police station Khurja Nagar, District Bulandshahr.
Learned counsel for the petitioner submits that the accused petitioner is only a writer of the deed and he had no knowledge about the caste certificate being forged, hence there is no role assigned to him in the present crime. It is further stated by learned counsel for the petitioner that co-accused, Narendra Kumar who is purchaser of the property has already been granted interim relief by coordinate Bench of this Court in Crl. Misc. Writ Petition No. 14964 of 2019, Narendra Kumar Vs. State of U.P. and 2 others vide order dated 29.05.2019 copy of which has been provided and the same is taken on record.
Learned A.G.A. opposed the prayer for quashing.
Considering the submissions advanced by learned counsel for the parties and nature of the allegations, it is directed that the petitioners shall not be arrested in above mentioned case till the submission of the police report under section 173(2) Cr.P.C. but they shall co-operate with the investigation of the case.
With the above direction this petition is finally disposed of. (Pradeep Kumar Srivastava,J.) (Dinesh Kumar Singh-I,J.) Order Date :- 10.6.2019/A. Mandhani