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Laxmi Narayan Khare vs State Of U.P. & 2 Others

High Court Of Judicature at Allahabad|27 January, 2016

JUDGMENT / ORDER

Hon'ble Naheed Ara Moonis,J.
Heard learned counsel for the petitioner and learned A.G.A. for the State.
It is submitted by the learned counsel for the petitioner that the petitioner is a deed writer of the sale deed which was executed on 20.11.1998 in respect of the property in question. He further submitted that the impugned F.I.R has been lodged by the respondent no.3 after an inordinate and unexplained delay of about 17 years and no cognizable offence is disclosed against the petitioner on the basis of the allegations made in the impugned F.I.R., hence the impugned F.I.R. is liable to be quashed qua the petitioner.
The submissions made by learned counsel for the petitioner, prima facie, appear to be correct. The matter requires consideration.
Learned A.G.A has accepted notice on behalf of opposite party nos.1 and 2. He prays for and is allowed six weeks' time to file counter affidavit.
Issue notice to opposite party no. 3, who may also file counter affidavit within the same period.
Rejoinder affidavit may be filed within two weeks thereafter.
List this matter immediately after eight weeks before the appropriate Court.
Till the next date of listing or till the submission of police report under section 173(2) Cr.P.C, whichever is later, the petitioner shall not be arrested pursuant to impugned FIR dated 17.1.2016 registered as Case Crime no.15 of 2016, under section 420 I.P.C., Police Station Mauranipur, District Jhansi.
Order Date :- 27.1.2016 RU
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Title

Laxmi Narayan Khare vs State Of U.P. & 2 Others

Court

High Court Of Judicature at Allahabad

JudgmentDate
27 January, 2016
Judges
  • Bala Krishna Narayana
  • Naheed Ara Moonis