Court No. - 4
Case :- CRIMINAL MISC. WRIT PETITION No. - 31347 of 2018 Petitioner :- Mukesh Kushwaha And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sushil Kumar Chaturvedi Counsel for Respondent :- G.A.,Rakesh Kumar Rathore
Hon'ble Bala Krishna Narayana,J. Hon'ble Krishna Pratap Singh,J.
Heard learned counsel for the petitioners, learned A.G.A. for the respondent Nos.1 and 2 and Sri R. K. Rathore, learned counsel for the respondent No.3.
This writ petition has been filed by the petitioners with a prayer to quash the impugned F.I.R. dated 22.09.2018 registered as Case Crime No. 182 of 2018 under Sections 420, 467, 468, 471 IPC Police Station Etmadpur, District Agra.
It has been submitted by the learned counsel for the petitioners that the petitioners are bonofide purchasers of the property in dispute for valuable consideration from its recorded owner Surendra Singh. It has next submitted that the impugned FIR lodged by respondent No. 3 against the petitioners containing absolutely false and concocted allegations against the petitioners with the ulterior intention of harassing them. He next submitted that apart from bald allegations made in the F.I.R., no evidence whatsoever is forthcoming even prima facie indicating at the complicity of the petitioners in the commission of alleged crime, and hence the impugned F.I.R., which is a product of malice and bundle of lies, is liable to be quashed.
Per contra, learned A.G.A. submitted that the impugned F.I.R. is not liable to be quashed on the basis of the submissions advanced by learned counsel for the petitioners.
From the perusal of the impugned F.I.R., it appears that on the basis of the allegations made therein prima-facie cognizable offence is made out. There is no scope of interfering in the F.I.R, therefore, the prayer for quashing the impugned F.I.R. is refused.
However, considering the submissions made by learned counsel for the petitioners and the nature of the allegations made in the F.I.R., it is directed that till submission of police report under Section 173(2) Cr.P.C., the petitioners shall not be arrested in the aforesaid case subject to their extending full cooperation during investigation.
With the aforesaid direction, this writ petition is finally disposed of.
Order Date :- 31.10.2018 Pr/-