Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 24037 of 2019 Petitioner :- Mohit Saxena Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Dinesh Chandra Srivastava Counsel for Respondent :- G.A.,Siddharth Singh
Hon'ble Manoj Misra,J.
Hon'ble Virendra Kumar Srivastava,J.
Heard learned counsel for the petitioner; learned A.G.A. for the respondents 1, 2 and 3; Sri Siddharth Singh for the respondent no.4; and perused the record.
The instant petition seeks quashing of the first information report dated 31.10.2019 registered as Case Crime No.1123 of 2019, under Sections 420, 467, 468, 471 IPC, P.S. Vijai Nagar, District Ghaziabad.
The contention of the learned counsel for the petitioner is that, as per the allegations, Ramesh Chandra (co-accused), without authority, had executed sale deed in favour of the petitioner. It has been submitted that since the petitioner is a purchaser through a registered document, he would fall in the category of a bona fide purchaser for value and therefore no case is made out against the petitioner.
Whether the petitioner is a bona fide purchaser or not would have to be determined on the basis of the material collected during the course of investigation and, therefore, on that ground, the prayer of the petitioner to quash the first infortmation report cannot be accepted.
However, considering the case as against the petitioner, we deem it appropriate to dispose off this petition by providing that the investigation of the case shall continue and brought to its logical conclusion but, subject to his cooperation in the investigation, the petitioner shall not be arrested in the aforesaid case till submission of police report under Section 173(2) Cr.P.C.
Order Date :- 26.11.2019 AKShukla/-