Court No. - 33
Case :- CRIMINAL MISC. WRIT PETITION No. - 2199 of 2019 Petitioner :- Diensh Kumar And 3 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ashutosh Pratap Singh,Lokendra Pratap Singh Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J. Hon'ble Vivek Varma,J.
Heard learned counsel for the petitioners; learned A.G.A. for the respondents 1 and 2; and perused the record.
The instant petition seeks quashing of the first information report dated 08.01.2019 registered as Case Crime No.8 of 2019, under Sections 420, 467, 468, 471, 504, 506 IPC, P.S. Jaithra, District Etah.
The allegation in the first information is that an imposter was set up for execution of sale deed allegedly by the informant in favour of Dinesh Kumar (petitioner no.1) and Yogesh Kumar (petitioner no.2) whose witnesses were Mukesh (petitioner no.3) and Charan (petitioner no.4). It has been alleged that when a prayer was made to the accused party to cancel the sale deed, the informant was threatened.
The quashing of the first information report has been sought by claiming that execution of the sale deed was pursuant to an order passed by the Registrar, Etah, dated 08.12.2016, and, thereafter, an application for recall of the order dated 08.12.2016 was rejected by order dated 11.12.2017 therefore the sale deed cannot be said to be fabricated.
We have perused the order dated 08.12.2016. The said order appears to have been passed ex-parte. So far as the order, dated 11.12.2017, passed on recall application is concerned, the recall application was rejected on the ground that it was barred by limitation.
A perusal of the order dated 11.12.2017 passed by the Additional District Magistrate (Finance and Revenue), Etah would reveal that in the application seeking recall, the informant had specifically stated that the sale deed was a forged and fabricated document.
Under the circumstances, there is no adjudication by any court or authority that the sale deed is genuine. Therefore, once it is claimed by the informant that the sale deed is fabricated, the matter would have to be investigated and it would have to be ascertained, on the basis of the material collected during investigation, as to whether the sale deed has been executed by the informant or by some imposter.
In view of the above, the first information report cannot be quashed. The matter would have to be investigated to arrive at the truth. The petition is dismissed.
Order Date :- 29.1.2019 AKShukla/-