Court No. - 43
Case :- CRIMINAL MISC. WRIT PETITION No. - 2124 of 2019 Petitioner :- Dinesh Kumar Tiwari Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sharique Ahmed Counsel for Respondent :- G.A.
Hon'ble Pankaj Naqvi,J. Hon'ble Umesh Kumar,J.
Heard learned counsel for the petitioner and the learned A.G.A.
This writ petition has been filed by the petitioner to issue a writ, order or direction in the nature of certiorari quashing the impugned FIR dated 4.12.2018 registered as Case Crime No. 1334 of 2018 under sections 420, 467, 468,471, 406, 504, 506 I.P.C, P.S.-Kotwali, District-Kanpur Nagar.
The FIR alleges that the informant purchased a plot from the petitioner for Rs.3.5 lakhs but when the purchaser/ informant applied for mutation, she learnt that the land has already been sold by the brother of the petitioner.
It is submitted by learned counsel for the petitioner that the informant took back the cheque to the tune of Rs.3.30 lakhs on the pretext that she would pay the amount in cash which never came and the petitioner has already instituted a suit i.e. O.S. No.2597 of 2018 for cancellation of sale deed in the Court of Civil Judge (Junior Division) Kanpur Nagar on 3.12.2018, dispute, if any, is civil, criminality is deliberately assigned, FIR is liable to be quashed.
Per contra, the learned A.G.A has opposed the submission.
After having heard learned counsel for the parties and perusing the impugned F.I.R, we are not inclined to quash the same.
However, considering the peculiar facts and circumstances of the case, we direct that investigation of the aforesaid case shall go on but the petitioner shall not be arrested till the submission of police report under Section 173(2) Cr.P.C, subject to their extending full co-operation during investigation.
With the aforesaid direction, this petition is finally disposed of. Order Date :- 31.1.2019//Fhd.