Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 37529 of 2018 Petitioner :- Smt. Manju Jain Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Deepak Singh Counsel for Respondent :- G.A.
Hon'ble Ram Surat Ram (Maurya),J. Hon'ble Anil Kumar-IX,J.
Heard Sri Deepak Singh, counsel for the petitioner and A.G.A appearing for the State of U.P.
Writ petition has been filed for quashing the F.I.R. Dated 20.9.2018 registered as case crime no. 270 of 2018 under Sections 420,467,468,471,504,506 I.P.C., Police Station -Kotwali, District Kanpur Nagar.
A perusal of the F.I.R. indicates that in substance, allegation has been made that informant Maya Gupta purchased house in dispute by a registered Sale deed 3.3.2002. Since then, she was in possession of the said house and her name was also recorded in the Municipal record. She was paying house tax, water tax and electricity tax etc. When the informant Maya Gupta wanted to raise new construction in her house then she came to know that Smt Manju Jain got registered sale deed of her house in collusion with other accused persons. on 18.10.2010. The valuation of house in question was Rs.18,12,000/ as per circle rate but the in sale deed, Rs.2,50,000/- was shown. Thus, petitioner committed offence by fraud.Thus, F.I.R.,discloses cognizable offence, as such, it is not liable to quashed.
Counsel for the petitioner submits that in fact,Smt.Maya Gupta , respondent no.3 by way of fabricated documents, obtained possession of house in question owned by the petitioner and an application for release under section 21(1)(A&B) of Rent Control Act, 1972 by placing her brother as tenant which was registered as Rent case no.115 of 2016 on 3.8.2016 in which Compromise was filed and on the basis said compromise, the suit was decreed. She filed execution under section 23 of Act No.13 for execution of order dated 13.8.2016. In the execution application filed by the respondent no.3, court issued process on 17.2.2017 and compliance of the said order, local police rushed to the house of the petitioner on 23.4.2017. On the spot, Satish Kumar Gupta was not found in possession rather Ashish Jain, who is son of the petitioner was found in possession. The petitioner filed objection in the execution proceedings. In order to mount pressure, the present F.I.R. has been filed on the false allegations.
In view of the facts of present case, writ petition is disposed of finally with the direction that the petitioner shall not be arrested in case crime no. 270 of 2018 under Sections 420,467,468,471,504,506 I.P.C., Police Station -Kotwali, District Kanpur Nagar till submission of police report under Section 173(2) Cr.P.C.
Order Date :- 20.12.2018 aks