Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 1671 of 2019 Petitioner :- Jai Singh And 3 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ramesh Chandra Agrahari,Hardev Singh Counsel for Respondent :- G.A.
Hon'ble Ram Surat Ram (Maurya),J. Hon'ble Anil Kumar-IX,J.
Heard Sri Anoop Srivastava, for the petitioners and A.G.A. for the State of U.P.
The writ petition has been filed for quashing the F.I.R. dated 8.12.2018, registered as Case Crime No.0465 of 2018, under Sections 419, 420, 467, 468, 471, 506, IPC, P.S. Muhamdabad, district Mau.
In substance in the F.I.R. the allegation has been made that the informant is owner of the immovable property situated at village Jamalpur, pargana and tehsil Muhamdabad, district Mau. The petitioners by fabricating the power of attorney of the informant executed two sale deeds dated 27.3.2018 and one sale deed dated 7.4.2018 and so far as the payment of sale consideration was concerned it was got deposited by opening a fake account in Union Bank of India, Jafrabad Branch, district Jaunpur.
The counsel for the petitioners submits that the petitioners-1 and 2 are real brothers while petitioners-3 is real sister and petitioner-4 is husband of petitioner-3, of the informant repondent-3. Petitioners-1 and 2 and respondent-3 are cosharers in property in dispute. Petitioners 1- and 2 as well respondent-3 were residing in Kolkata in connection with their business. Therefore, they separately executed power of attorney in favour of their mother, who executed two sale deeds dated 27.3.2018 and one sale deed dated 7.4.2018. So far as the payment of sale consideration is concerned it was deposited in the account of respondent-3 at Kolkata and not at Jafrabad, district Jaunpur. The petitioners are neither signatory of power of attorney nor witnesses in it. So far as sale consideration is concerned it has been deposited in the account of respondent3. Thus, the petitioners have been falsely implicated in this case.
In the facts of the Case, the writ petition is disposed of with the direction that the petitioners shall not be arrested in Case Crime No.0465 of 2018, under Sections 419, 420, 467, 468, 471, 506, IPC, P.S. Muhamdabad, district Mau, till submission of police report under Section 173(2) Cr.P.C.
Order Date :- 22.1.2019 mt