Court No. - 43
Case :- CRIMINAL MISC. WRIT PETITION No. - 1381 of 2019 Petitioner :- Mam Chand And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sushil Kumar Pandey Counsel for Respondent :- G.A.
Hon'ble Pankaj Naqvi,J. Hon'ble Umesh Kumar,J.
Heard Sri Sushil Kumar Pandey, learned counsel for the petitioners and learned A.G.A.
This writ petition has been filed, seeking a writ of mandamus, directing the respondent concerned, not to arrest the petitioners, with a further prayer for quashing the impugned FIR dated 13.12.2018 registered as Case Crime No.880/2018, under Sections 420/467/468/471/504/506 IPC, P.S. Civil Lines, Muzaffar Nagar.
It is submitted by learned counsel for the petitioners that petitioner no.1 is a recorded tenure holder under order dated 22.8.1997 who on 29.1.2010 executed a sale deed in favour of petitioner nos. 2 & 3 (sons). It is further submitted that one Tarawati executed a sale deed on 3.11.2018 in favour of respondent no.3 in excess of her share in the same khasra no. 602 which was successfully challenged by petitioner nos. 2 & 3 in Case No.574/2012, under Section 176 of the U.P. Z.A & L.R Act on 20.7.2017, appeal dismissed on 18.7.2018, respondent no.3 also filed an appeal against the order dated 20.7.2017, which is still pending, FIR is lodged, challenging the sale deed dated 29.1.2010, after 8 years on account of ulterior motives, no offence is made out.
Per contra, the learned A.G.A has opposed the submission.
After having heard learned counsel for the parties and perusing the impugned FIR as well as the other material brought on record, it cannot be said that prima facie no offence is made out against the petitioners. Therefore, the prayer for quashing the FIR is refused. However, we dispose of this writ petition with the direction that investigation of the aforesaid case shall go on but 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 their cooperation during investigation.
With this direction, this petition is finally disposed of.
Order Date :- 21.1.2019 Chandra