Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 2386 of 2019 Petitioner :- Smt. Kamla Singh And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ashutosh Diljun Counsel for Respondent :- G.A.,Sheetala Prasad Pandey
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Ashutosh Diljan, learned counsel for the petitioners,Sri Sheetala Prasad Pandey,learned counsel for the caveator, Sri Jai Narain, learned A.G.A. for the State and perused the impugned FIR as well as material brought on record.
This petition has been filed by the petitioners with a prayer to quash the FIR dated 21.12.2018, registered as case crime No.797 of 2018, under Sections 419, 420, 467, 468, 471 I.P.C., Police Station Kotwali, District Basti.
Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in the present case with malafide intention. He further submitted that the disputed property was allotted by the Nagar Palika Parishad, Basti in favour of petitioner no.1 and respondent no.3 raised some objection about the disputed property and he claims his right over the same. The petitioners filed civil suit for permanent injunction, in which interim injunction was granted in favour of petitioner no.1 on 2.7.2015, copy of which is annexed at page-72 of the writ petition, against which respondent no.3 filed appeal, which was dismissed on 17.9.2016 by the Additional District Judge, Basti, then the present FIR has been lodged by respondent no.3 against the petitioners. The allegation levelled against the petitioners is absolutely false, frivolous and baseless. No offence is made out against the petitioners, hence, FIR is liable to be quashed.
Learned counsel for the caveator as well as learned A.G.A. vehemently opposed the arguments advanced by learned counsel for the petitioners and submitted that the property in question is big one and some portion of which was purchased by him from one Surendra Bahadur, but could not dispute the fact that civil litigation is pending between the parties.
Considering the submissions advanced by learned counsel for the parties and nature of the allegations, it is directed that the petitioners shall not be arrested in above mentioned case, till the submission of the 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.
(Dinesh Kumar Singh-I,J.) (Ramesh Sinha, J.) Order Date :- 29.1.2019/NS