Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 34532 of 2018 Petitioner :- Durga Devi And 8 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Anil Kumar Srivastava,Ram Bahadur Counsel for Respondent :- G.A.
Hon'ble Ram Surat Ram (Maurya),J. Hon'ble Anil Kumar-IX,J.
Heard counsel for the petitioner and AGA for State.
The writ petition has been filed for quashing the FIR dated 30.10.2018 registered as Case Crime No. 0558 of 2018, under Sections 419, 420, 467, 468 IPC P.S. Chaubepur, Distt. Varanasi.
A perusal of the FIR indicates that the allegation has been made that by producing forged affidavit, papers Durga Devi, petitioner-1 got her name recorded as heir of Raj Nath Rajbhar, brother of the first informant and thereafter executed an agreement to sell in favour of other petitioners. Counsel for the petitioners submits that on such allegation the prosecution is barred under Section 195 (2) Cr P C inasmuch as only the court concerned can file complaint regarding forgery. The dispute is of civil nature.
We have considered the arguments of the counsel for the petitioner. As the FIR discloses the cognizable offence as such it is not liable to be quashed at this stage.
However, considering the submissions advanced by the counsel for the parties and nature of the allegations it is directed that the petitioner shall not be arrested in pursuance of the FIR dated 30.10.2018 registered as Case Crime No. 0558 of 2018, under Sections 419, 420, 467, 468 IPC P.S. Chaubepur, Distt. Varanasi, till submission of police report under Section 173 (2) Cr P C. The writ petition is disposed of.
Order Date :- 30.11.2018 Rahul /-