Court No. - 4
Case :- CRIMINAL MISC. WRIT PETITION No. - 30634 of 2018 Petitioner :- Ghanshyam Upadhyaya And 5 Others Respondent :- State Of U.P. And Another Counsel for Petitioner :- Dileep Kumar,Rajrshi Gupta Counsel for Respondent :- G.A.
Hon'ble Bala Krishna Narayana,J. Hon'ble Krishna Pratap Singh,J.
Heard learned counsel for the petitioners and learned A. G. A. for the State.
This petition has been filed by the petitioners with the prayer to quash the impugned F.I.R., which has been registered as Case Crime No. 185 of 2018, under sections-147, 419, 420, 467, 468, 471, 379 and 120-B IPC at P. S.- Gyanpur, district-Bhadohi.
It has been submitted by learned counsel for the petitioners that the impugned F.
I. R. has been lodged by respondent no. 2 alleging that the petitioners had fraudulently got recorded their names in place of his father, Ram Dev Ambasht allegedly getting a sale-deed executed in favour of their father. He has next submitted that the property in question was transferred by the father of the respondent no. 2 himself through a sale-deed executed in favour of the father of the petitioners in the year, 1965 , copy whereof has been annexed as Annexure-3 to the affidavit accompanying the writ petition, but till date neither any suit for getting the aforementioned sale-deed cancelled, has been filed nor any proceedings challenging the mutation done in favour of the petitioners, have been initiated rather he is trying to settle the dispute, which is essentially of civil nature, by taking recourse of criminal proceedings. He has also submitted that apart from the bald allegations made in the F. I. R., there is no evidence even prima facie indicating at the complicity of the petitioners in the commission of the alleged crime, hence the impugned F. I. R., which is a bundle of lies and motivated by malice, is liable to be quashed.
Per contra, learned A. G. A. has submitted that from the perusal of the allegations made in 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.
After having heard the submissions advanced by learned counsel for the parties present and perused the impugned F. I. R. as well as the other material brought on record, we dispose of this writ petition with the direction that the investigation of the aforesaid case shall go on but the petitioners shall not be arrested till submission of police report under Section 173 (2) Cr. P. C. subject to their extending full cooperation in the investigation.
Order Date :- 29.10.2018 HR