Court No. - 43
Case :- CRIMINAL MISC. WRIT PETITION No. - 37641 of 2018 Petitioner :- Mohd. Yasin Ali And 6 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Rajesh Kumar Sharma,Abhas Sharma Counsel for Respondent :- G.A.
Hon'ble Pankaj Naqvi,J. Hon'ble Rajendra Kumar-IV,J.
Heard Shri Abhas Sharma, learned counsel for the petitioners and the learned A.G.A.
This writ petition has been filed by the petitioners to issue a writ, order or direction in the nature of certiorari quashing the impugned FIR dated 07.12.2018 registered as Case Crime No. 1149 of 2018, under sections 147, 148, 323, 504, 506, 354, 452, 427, 447 I.P.C, P.S. Tronica City, District Ghaziabad.
Learned counsel for the petitioner submits that they happened to be the purchaser from power of attorney holder of the father of the respondent no.3, who executed a power of attorney at Riyad, Saudi Arabia, duly authenticated before embassy, pursuant to which a registered sale deed was executed in favour of the petitioners and other family members in respect of the plots in dispute. It is further submitted that respondent no.3 initially lodged an F.I.R. against the petitioners challenging the aforesaid transaction including the power of attorney in Case Crime No. 779 of 2018, under Sections 420, 467, 468, 471, 506, 147, 149, 342, 395 and 120B I.P.C., Police Station Tronica City, District Ghaziabad, in which the petitioners obtained their protective orders in Criminal Misc. Writ Petition No. 28610 of 2018 on 09.10.2018 and in Criminal Misc. Writ Petition No. 31624 of 2018 on 02.11.2018 and civil disputes are pending between the parties as alleged in paragraph 17 of the writ petition. It is submitted that once after the aforesaid civil suits were filed, respondent no.3 again lodged above F.I.R. malafidely on false and fabricated ground only to force the petitioners which is an abuse of process of law and is liable to be quashed. He further submitted that the petitioners are innocent and have been falsely implicated in the present case. The allegations levelled against them are absolutely false, frivolous and baseless. From a perusal of the FIR, no offence is made out against the petitioners, hence, the same be quashed.
Per contra learned A.G.A, submitted that from the perusal of the impugned F.I.R, and on the basis of the allegations made therein, it cannot be said that no cognizable offence is disclosed against the petitioners.
After having heard learned counsel for the parties and perusing the impugned F.I.R, we are not inclined to quash the same.
However, considering the peculiar facts and circumstances of the case, we direct that investigation of the aforesaid case shall go on but the petitioners shall not be arrested till the submission of police report under Section 173(2) Cr.P.C, subject to their extending full co-operation during investigation.
With the aforesaid direction, this petition is finally disposed of.
Order Date :- 21.12.2018 Ashok Gupta