Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 37874 of 2018 Petitioner :- Mohd Nafees Ansari And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Awadhesh Kumar Srivastava Counsel for Respondent :- G.A.
Hon'ble Ram Surat Ram (Maurya),J. Hon'ble Anil Kumar-IX,J.
Heard Sri Awadhesh Kumar Srivastava for the petitioners and A.G.A. for State of U.P.
This writ petition has been filed for quashing the F.I.R. dated 1.11.2018 (registered as Case Crime No. 904 of 2018), u/s 420, 467, 468 I.P.C., P.S. Kotwali, district Bareilly.
In substance, allegation in the F.I.R. has been made that the petitioners had inducted eight new members in the Society, i.e. All India Muslim Educational Conference, Bareilly, in the meeting dated 10.1.2018, by committing forgery. When the complaint was made in this respect, then under the orders of High Court, Assistant Registrar has conducted an inquiry and by his order dated 16.10.2018, found that eight members included in the Society through resolution dated 10.1.2018, were forged. Thus, the petitioners have committed offence, punishable u/s 420, 467, 468 I.P.C.
Counsel for the petitioners submits that the Registrar has passed the order dated 16.10.2018, only on the ground that out of eleven members, seven members have stated that their signatures on the resolution dated 10.1.2018, were not genuine. However, there is no opinion of Handwriting Expert in respect of the signatures of the persons affixed in the resolution dated 10.1.2018 and it is only due to rival dispute in the Committee of Management that at subsequent stage, seven persons have denied their signatures on the resolution. In the absence of any finding in the order dated 16.10.2018, that the petitioners have forged signatures of the members in the resolution dated 10.1.2018, no offence is made out against the petitioners.
Considering the submissions advanced by counsel for the parties and nature of the allegations, it is directed that the petitioners shall not be arrested in pursuance of F.I.R. dated 1.11.2018 (registered as Case Crime No. 904 of 2018), u/s 420, 467, 468 I.P.C., P.S. Kotwali, district Bareilly, till submission of police report under section 173(2) Cr.P.C. but they shall co-operate with the investigation of the case.
With the above direction, this petition is finally disposed of.
Order Date :- 21.12.2018 Jaideep/-