Court No. - 45
Case :- CRIMINAL MISC. WRIT PETITION No. - 25711 of 2019 Petitioner :- Keshav Prasad Singh And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Arvind Kumar Upadhyay Counsel for Respondent :- G.A.
Hon'ble B. Amit Sthalekar,J. Hon'ble Shekhar Kumar Yadav,J.
Heard Sri Arvind Kumar Upadhyay, learned counsel for the petitioners and the learned A.G.A. for the State.
The petitioners in the present writ petition are seeking quashing of the F.I.R. dated 17.07.2019 registered as Case Crime No. 97 of 2019, under Section 419, 420, 467, 468, 471 I.P.C., Police Station Nizamabad, District Azamgarh with a further prayer not to arrest him in pursuance of the said first information report.
The allegation in the FIR is that on 28.11.2001 the petitioners in collusion with the other accused had executed a sale deed of Gata No.148/249 in favour of one Sobhnath Yadav by forging the signature of the informant, who was the Lekhpal. A civil suit for cancellation of the sale deed has also been filed by the informant.
From perusal of the F.I.R., prima facie cognizable offence is made out at this stage against the petitioners, therefore, we do not find any cogent reason to quash the first information report. The prayer for quashing the first information report is refused.
However, in the facts and circumstances of the case and the submissions advanced on behalf of the petitioners, it is directed that the petitioners shall not be arrested in the aforesaid case till the submission of police report under Section 173 (2) Cr.P.C., subject to the restraint that they shall co-operate with the investigation and shall appear as and when called upon to assist in the investigation.
With the above direction, this petition is finally disposed of. Order Date :- 17.12.2019 N Tiwari