Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 37304 of 2018 Petitioner :- Indrajeet And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Rajeev Kumar Mishra Counsel for Respondent :- G.A.
Hon'ble Ram Surat Ram (Maurya),J. Hon'ble Anil Kumar-IX,J.
Heard Sri Rajeev Kumar Mishra for the petitioners and A.G.A. for State of U.P.
This writ petition has been filed for quashing the F.I.R. dated 29.9.2018 (registered as Case Crime No. 283 of 2018), u/s 467, 468, 419, 420, 471 and 120-B I.P.C., P.S. Siddharth Nagar, district Siddharth Nagar.
In substance, allegation made in the F.I.R. is that after death of father of the informant, the petitioners got their names recorded over the land of her father by way of report under PA-11, although mother of the petitioners Smt. Koyali was alive and the petitioner was the only daughter of her father, namely Nagesar.
Counsel for the petitioners submits that the mutation proceeding was contested and Naib Tahsildar by order dated 2.6.2004 directed for recording the name of the petitioner as an heir of Nagesar. This order was challenged by the First Informant in appeal, which was later on dismissed as withdrawn, by the order dated 22.11.2005. Since then, the mutation order has not been challenged. Now, on false allegations, the F.I.R. has been lodged.
Considering the submissions advanced by counsel for the parties and nature of the allegations, it is directed that the petitioners shall not be arrested in pursuance of F.I.R. dated 29.9.2018 (registered as Case Crime No. 283 of 2018), u/s 467, 468, 419, 420, 471 and 120-B I.P.C., P.S. Siddharth Nagar, district Siddharth Nagar, till the submission of police report under section 173(2) Cr.P.C. but they shall co-operate with the investigation of the case.
With the above direction, this petition is finally disposed of.
Order Date :- 19.12.2018 Jaideep/-