Court No. - 33
Case :- CRIMINAL MISC. WRIT PETITION No. - 11491 of 2019 Petitioner :- Manju Sharma Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ram Chandra Solanki Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J. Hon'ble Suresh Kumar Gupta,J.
Heard learned counsel for the petitioner; learned A.G.A. for the respondents 1, 2 and 3; and perused the record.
The instant petition seeks quashing of the first information report dated 9.4.2019 registered as Case Crime No.277 of 2019, under Sections 420, 467, 468, 471 and 120B I.P.C., P.S. Kotwali, District Etawah.
The contention of the learned counsel for the petitioner is that petitioner is a retired Chief Medical Officer, Etawah and has no criminal history. She had purchased a property in good faith and the impugned first information report has been lodged by alleging that some imposter had sold property of the informant by fabricating documents. It has been submitted that sale consideration was paid by cheque and the petitioner is a bona fide purchaser for value and, therefore, no offence has been committed by the petitioner.
Be that as it may, as the allegations in the impugned first information report disclose commission of cognizable offence the matter would have to be investigated and, therefore, the prayer of the petitioner to quash the first information report cannot be accepted.
However, considering the facts and circumstances of the case including the averment that the sale consideration was paid by cheque, we deem it appropriate to dispose off this petition by providing that the investigation shall continue and be brought to its logical conclusion but, subject to petitioner's cooperation in the investigation, she shall not be arrested in the aforesaid case till submission of police report under Section 173(2) Cr.P.C. It is made clear that the petitioner would have to make herself available for interrogation as also for providing specimen signature as and when required by the investigating agency. A failure in that regard, would be deemed non-cooperation in the investigation.
Order Date :- 30.4.2019/Md Faisal