Court No. - 41
Case :- CRIMINAL MISC. WRIT PETITION No. - 26211 of 2017 Petitioner :- Ganni And 2 Ors.
Respondent :- State Of U.P. And 2 Ors.
Counsel for Petitioner :- Dinesh Kumar Yadav,Atmaram Nadiwal Counsel for Respondent :- G.A.,Bhaju Ram Pprasad Sharma
Hon'ble Rajesh Dayal Khare,J. Hon'ble Mahboob Ali,J.
Heard learned counsel for the petitioners, learned A. G. A. for the State and Sri B.R. Sharma for respondent no.3.
This writ petition has been filed by the petitioners with a prayer to quash the F. I.
R. dated 25.09.2017 which has been registered as Case Crime No. 547 of 2017, under Sections- 419, 420, 406, 467, 468, 471 IPC, Police Station- Nichlaul, District Maharajganj.
It is contended that present matter is a civil nature. It has been next contended that on the basis of registered will deed executed on 20.01.1987 by late Abdul son of Shahwan, the name of the petitioner no.1 Ganni was mutated in the revenue record vide order dated 06.11.1992, against which appeal was filed and same was dismissed on 16.06.1993. Against the order dated 16.06.1993, revision is pending before the Commissioner of the Division, in which objection was filed by the petitioner no. 2 on 20.02.2017. In the meantime, respondent no.3 has prepared a fictitious death certificate of late Abdul and thereafter, same was enquired and report was submitted that death certificate produced by the respondent no.3 is fictitious. It is next contended that the present proceedings have been initiated after 30 years only to built pressure upon the petitioners, which is bad in law. He further submitted that apart from the bald allegations made in the F. I. R., which is a bundle of lies and product of malice, no credible evidence is forthcoming, even prima facie, indicating that any such incident had taken place, hence the impugned F. I. R. is liable to be quashed.
Per contra, learned A. G. A. submitted that from the perusal of the impugned F. I.
R. it cannot be said that no cognizable offence is made out, hence the impugned F. I. R. is not liable to be quashed.
From the perusal of the F.I.R. it appears that on the basis of the allegations made therein prima facie cognizable offence is made out hence, there is no scope for interfering with the impugned F. I. R.
Therefore, the prayer for quashing the impugned F. I. R. is refused.
However, considering the submissions advanced by learned counsel for the petitioners and nature of allegations made in the F. I. R., it is directed that the petitioners shall not be arrested in the aforementioned case till submission of police report under Section 173 (2) or till credible evidence is collected, whichever is earlier.
With the aforesaid directions, this writ petition is disposed of finally.
Order Date :- 27.11.2017 T.S.