Court No. - 43
Case :- CRIMINAL MISC. WRIT PETITION No. - 1893 of 2019 Petitioner :- Gyan Singh And 4 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ajay Vikram Yadav Counsel for Respondent :- G.A.
Hon'ble Pankaj Naqvi,J. Hon'ble Umesh Kumar,J.
Heard Sri Ajay Vikram Yadav, learned counsel for the petitioners and learned A.G.A.
This writ petition has been filed, seeking a writ of mandamus, directing the respondent concerned, not to arrest the petitioners, with a further prayer for quashing the impugned FIR dated 9.9.2018 registered as Case Crime No.532/2018, under Sections 419/420/467/468/471/120-B IPC, P.S. Bhogaon, Mainpuri.
Learned counsel for the petitioners claim parity with the order of co-accused Manoj Kumar and another and that of Sarvesh Kumar dated 20.12.2018 and 10.1.2019 in Criminal Misc. Writ Petition Nos. 37569/2018 and 278/2019, whereas petitioner no.1 is a bonafide purchaser and other 4 petitioners claim to have been duly recorded, holding transferable rights, no offences are made out, the impugned 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 FIR as well as the other material brought on record, it cannot be said that prima facie no offence is made out against the petitioners. Therefore, the prayer for quashing the FIR is refused. However, we dispose of this writ petition with the direction that investigation of the aforesaid case shall go on but the petitioners shall not be arrested in the aforesaid case till the submission of police report under Section 173(2) Cr.P.C., subject to their cooperation during investigation.
With this direction, this petition is finally disposed of.
Order Date :- 29.1.2019 Chandra