Court No. - 4
Case :- CRIMINAL MISC. WRIT PETITION No. - 1572 of 2019 Petitioner :- Jamuna Dayal And 3 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Furquan Ahmad (Alvi) Counsel for Respondent :- G.A.
Hon'ble Bala Krishna Narayana,J. Hon'ble Ghandikota Sri Devi,J.
Heard learned counsel for the petitioners and learned A.G.A for the State.
This writ petition has been filed by the petitioner with a prayer to issue a writ, order or direction in the nature of certiorari quashing the impugned F.I.R. dated 23.05.2018 registered as Case Crime No. 103 of 2018, under Sections 419, 420, 467, 468, 471 I.P.C., P.S.-Sidhari, District Azamgarh.
It is submitted by the learned counsel for the petitioners that they had purchased the land from petitioner no.4 Om Praksh in the year 1981. Civil Suit was filed by the respondent no.3 for cancellation of aforesaid sale deed, which was dismissed by the Civil Curt by judgment and decree dated 24.03.2014. Impugned FIR has been lodged by respondent no.3 challenging the same sale deed containing absolutely false and concocted allegations against the petitioners after an in-ordinate and un-explained delay of almost 38 days.
It is next submitted by the learned counsel for the petitioners that apart from the bald allegations made in the impugned F.I.R., no credible evidence whatsoever is forthcoming even prima facie indicating at the complicity of the petitioners in the commission of the alleged crime and the impugned F.I.R., which is a bundle of lies and product of malice, is liable to be quashed.
Per contra learned A.G.A. submitted that from the perusal of the impugned F.I.R. and on the basis of the allegations made therein, it cannot be said that no cognizable offence is disclosed against the petitioners and the impugned F.I.R. is not liable to be quashed on the basis of the submissions advanced by the learned counsel for the petitioner.
After having heard learned counsel for the parties and perused the impugned F.I.R., we are not inclined to quash the same.
However, considering the peculiar facts and circumstances, we direct that investigation of the aforesaid case shall go on but the petitioners shall not be arrested till the submission of police report under section 173(2) Cr.P.C. subject to his extending full co-operation during investigation.
With the aforesaid direction, this petition is finally disposed of.
Order Date :- 22.1.2019 T.S.