Court No. - 4
Case :- CRIMINAL MISC. WRIT PETITION No. - 1531 of 2019 Petitioner :- Edu And 3 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Pradeep Kumar Bhardwaj Counsel for Respondent :- G.A.
Hon'ble Bala Krishna Narayana,J. Hon'ble Ghandikota Sri Devi,J.
Heard learned counsel for the petitioners and Smt. Manju Thakur, learned A.G.A. I for the State.
This writ petition has been filed by the petitioners to issue a writ, order or direction in the nature of certiorari quashing the impugned F.I.R. dated 02.05.2017 registered as Case Crime No. 303 of 2017, under Sections 420, 467, 468, 471 I.P.C., P.S. Anoop Shahar, District Bulandshahr.
It is contended by the learned counsel for the petitioners that the impugned first information report has been lodged by the respondent no. 3 alleging therein that she had been duped by the petitioners and the other accused into purchasing the property of one Raziya Begum through an imposter. He next submitted that on the same set of facts and in the respect of the same offences, Raziya Begum earlier has also lodged a first information report against the petitioners and the other accused which was registered as Case Crime No. 178 of 2016. He next submitted that the arrest of the co-accused, Riyasat in this case has been stayed by another co-ordinate Bench of this Court by order dated 10.01.2019 passed in Criminal Misc. Writ Petition No. 537 of 2018 and the role of the petitioners are identical to that of co-accused, Riyasat. He next submitted that in view of the above and the fact that no credible evidence whatsoever is coming forth even prima facie indicating at the petitioners' complicity, hence the impugned F.I.R. qua the petitioners is liable to be quashed.
Per contra learned A.G.A. submitted that from the perusal of the impugned FIR and on the basis of the allegation made therein, it cannot be said that no cognizable offence is disclosed against the petitioners.
After having heard learned counsel for the parties present and perused the impugned FIR, 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 petitioners 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 :- 22.1.2019 SA