In Residence
Case :- CRIMINAL MISC. WRIT PETITION No. - 3506 of 2021 Petitioner :- Harikesh Singh And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Brijendra Kumar Counsel for Respondent :- G.A.
Hon'ble Mrs. Sunita Agarwal,J. Hon'ble Mrs. Sadhna Rani (Thakur),J.
Heard learned counsel for the petitioners, learned AGA for the State-respondents and perused the records.
It is contended that the complainant is cousin of the executant of the sale deed (Ramdas) dated 18.2.2020 and claimed that his brother was mentally ill on the date of execution of sale deed. It is submitted that an affidavit was given by the executant of the sale deed, Ram Das, in the mutation proceedings and the names of the petitioners have been mutated in the revenue record by the order dated 20.11.2020 passed by the Tehsildar, Tilhar, District Saharanpur.
It has not been disclosed in the writ petition as to whether any Civil Suit has been filed by the complainant for cancellation of the sale deed. Submission of the learned counsel for the petitioners, however, is that the dispute is purely civil in nature. The present FIR has been filed to create undue pressure upon the petitioners, who are bonafide purchaser of the property in question by way of a registered sale deed.
Considering the material on record, though we do not find any reason to quash the First Information Report but for the assertions made herein, it is provided that the petitioners shall not be arrested pursuant to First Information Report dated 31.03.2021 registered as Case Crime No. 108 of 2021, under Sections 420, 467, 468 & 471 IPC, Police Station Jaitipur District Shahjahanpur, till submission of the police report under Section 173(2) Cr.P.C. They shall, however, cooperate in the investigation and shall not make any effort to influence any witnesses or tamper any evidence.
The writ petition is, accordingly, disposed of.
Order Date :- 20.5.2021 gp