Court No. - 4
Case :- CRIMINAL MISC. WRIT PETITION No. - 2557 of 2019 Petitioner :- Kamlesh Kumar Alias Kamlesh Kumar Chaturvedi Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Gyan Prakash Mishra,Anant Prakash Mishra Counsel for Respondent :- G.A.
Hon'ble Bala Krishna Narayana,J. Hon'ble Ghandikota Sri Devi,J.
Heard learned counsel for the petitioner and learned A.G.A. for the State.
This writ petition has been filed by the petitioner to issue a writ, order or direction in the nature of certiorari quashing the impugned F.I.R. dated 24.04.2018 registered as Case Crime No. 191 of 2018, under Sections 420, 467, 468, 471 I.P.C., P. S. Rasoolabad, District Ramabai Nagar.
It is contended by the learned counsel for the petitioner that the impugned F.I.R. has been lodged by the respondent no. 3 alleging therein that the property which Brijesh Kumar transferred to her after receiving a sum of Rs. 15,00,000/- as sale consideration was transferred by him again to Kiran Singh and Chiraunji Lal by sale deeds dated 12.08.2013 and 16.02.2013 respectively. He further submitted that the impugned F.I.R. does not disclose any cognizable offence against the petitioner and the entire allegations are directed against co-accused, Brijesh Kumar. Moreover the petitioner has already filed suit for cancellation of the sale deed dated 22.12.2016 executed by co-accused, Brijesh Kumar in favour of respondent no. 3. Apart from the bald allegations made in the impugned F.I.R. no credible evidence whatsoever is coming forth even prima facie indicating at the petitioner's complicity in the commission of the alleged crime and for the aforesaid reason 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. and on the basis of the allegation made therein, it cannot be said that no cognizable offence is disclosed against the petitioner.
After having heard learned counsel for the parties present and perused the impugned F.I.R., we are not inclined to quash the same.
However, considering the peculiar facts and circumstances of the case, we direct that investigation of the aforesaid case shall go on but the petitioner 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 :- 31.1.2019 SA