Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 1103 of 2019 Petitioner :- Motilal Respondent :- State Of U.P.And 2 Others Counsel for Petitioner :- Phool Chandra Singh,Sumitra Singh Counsel for Respondent :- G.A.
Hon'ble Ram Surat Ram (Maurya),J. Hon'ble Anil Kumar-IX,J.
Supplementary affidavit filed today, is taken on record.
Heard Sri Phool Chandra Singh for the petitioner and AGA for State.
The writ petition has been filed for quashing the FIR dated 3.12.2018 registered as Case Crime No 0468 of 2018 under Section 420, 467, 468, 471, 504, 506 IPC, P.S. Mangal Pur, Distt. Ramabai Nagar (Kanpur Dehat).
In substance of FIR the allegation has been made that land of Radhey Shyam, brother of the informant was sold by Ram Kishan in favour of Sudama Devi and Rani Devi. In the sale deed Moti Lal and Shesh Narain were the witnesses. The photograph affixed on the sale deed belongs to Ram Kishan.
The petitioner has filed a supplementary affidavit stating therein that the photograph affixed on the sale deed belongs to Radhey Shyam and not of Ram Kishan. He states that the sale deed was executed by Radhey Shyam and the allegation made in the FIR was false.
We have considered the arguments of the counsel for the parties.
A perusal of the FIR indicates that it discloses the cognizable offence as such it is not liable to be quashed at this stage.
However, considering the submissions advanced by the counsel for the parties and nature of the allegations it is directed that the petitioner shall not be arrested in pursuance of the FIR dated 3.12.2018 registered as Case Crime No 0468 of 2018 under Section 420, 467, 468, 471, 504, 506 IPC, P.S. Mangal Pur, Distt. Ramabai Nagar (Kanpur Dehat), till submission of police report under Section 173 (2) Cr P C. The writ petition is disposed of.
Order Date :- 22.1.2019 Rahul Dwivedi/-