Court No. - 41
Case :- CRIMINAL MISC. WRIT PETITION No. - 5054 of 2018 Petitioner :- Jitendra And 03 Others Respondent :- State Of U.P. And 02 Others Counsel for Petitioner :- Abhishek Gupta Counsel for Respondent :- G.A.
Hon'ble Rajesh Dayal Khare,J. Hon'ble Rajiv Gupta,J.
Heard learned counsel for the petitioners and learned A. G. A. for the State.
This writ petition has been filed by the petitioners with a prayer to quash the F.I.R. dated 13.2.2018, lodged in Case Crime No.82 of 2018, under Sections 420, 323,504,506 I.P.C., Police Station Badalpur, District Gautam Budh Nagar.
Learned counsel for the petitioners contends that the petitioners are in possession of their ancestral property being Khasara No. 326 and the first informant, respondent no.3 wanted to grab the property of the petitioners. The petitoners made a complaint before to the S.S.P. Gautam Budh Nagar. The first informant and his father had filed a suit before Civil Judge( Junior Division), Gautam Budh Nagar against the petitioners in which the petitioners has filed written statement mentioning therein that the agreement/sale deed of Khasra No. 326 was never executed by the petitioners and as far as the sale deed dated 25.10.1999 is concerned, it was executed for land of Khasra No. 272. The present proceeding has been initiated by the respondent no.3 as a counter blast against the petitioners . The petitioner came to know about his implication in the said crime without there being any credible evidence against him in commission of alleged offence. He further submitted that apart from the bald allegations made in the F.I.R., which is a bundle of lies and product of malice, no credible evidence is forthcoming, even prima facie, indicating that any such incident had taken place, hence the impugned F. I. R. is liable to be quashed.
Per contra, learned A. G. A. submitted that from the perusal of 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.
From the perusal of the F.I.R. it appears that on the basis of the allegations made therein prima facie cognizable offence is made out hence, there is no scope for interfering with the impugned F.I.R.Therefore, the prayer for quashing the impugned F. I. R. is refused.
However, considering the submissions advanced by learned counsel for the petitioners and nature of allegations made in the F. I. R., it is directed that the petitioners shall not be arrested in the aforementioned case till submission of police report under Section 173 (2) or till credible evidence is collected, whichever is earlier.
With the aforesaid directions, this writ petition is disposed of finally.
Order Date :- 27.2.2018 R