Court No. - 4
Case :- CRIMINAL MISC. WRIT PETITION No. - 31193 of 2018 Petitioner :- Jaypal And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Gyanendra Kumar Singh Counsel for Respondent :- G.A.
Hon'ble Bala Krishna Narayana,J. Hon'ble Krishna Pratap Singh,J.
Heard learned counsel for the petitioners and learned A. G. A. for the State.
This petition has been filed by the petitioners with the prayer to quash the impugned F.I.R., which has been registered as Case Crime No. 452 of 2018, under sections-147, 420, 467, 468, 471, 323, 504 IPC and Section-3 (1) (x) of SC/ST Act at P. S.-Maudarwaja, district-Farrukahabad.
It has been submitted by learned counsel for the petitioners that the impugned F. I. R. has been lodged by the respondent no. 3 after the death of his father falsely alleging that the petitioners had obtained a sale-deed from his father in respect of his property by practising fraud but no suit has been filed by the respondent no. 3 for cancellation of the sale-deed. He has also submitted that the dispute between the parties is essentially of civil nature. He has further submitted that apart from the bald allegations made in the impugned F. I. R. there is no evidence even prima facie indicating at the complicity of the petitioners in the commission of alleged crime, hence the impugned F. I. R., which is a bundle of lies and motivated by malice, is liable to be quashed.
Per contra, learned A. G. A. has submitted that from the perusal of the allegations made in the impugned F. I. R., it cannot be said that no cognizable offence is made out, hence the impugned F. I. R. is not liable to be quashed.
After having heard the submissions advanced by learned counsel for the parties present and perused the impugned F. I. R. as well as the other material brought on record, we dispose of this writ petition with the direction that the investigation of the aforesaid case shall go on but the petitioners shall not be arrested till submission of police report under Section 173 (2) Cr. P. C. subject to their extending full cooperation in the investigation.
Order Date :- 31.10.2018 HR