Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 5587 of 2019 Petitioner :- Muneesh Kumar Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Manvendra Nath Singh Counsel for Respondent :- G.A.,Karunesh Narayan Tripathi
Hon'ble Ram Surat Ram (Maurya),J. Hon'ble Anil Kumar-IX,J.
Heard Sri Nitesh Kumar Srivastava holding brief of Sri Manvendra Nath Singh for the petitioner and the AGA for the State and perused the record.
This writ petition has been filed to quash the FIR dated 8.2.2019 registered as Case Crime No. 0121 of 2019, under Section 420, 467, 468, 471 IPC, P.S. Izzatnagar, Distt. Bareilly.
In substance of FIR the allegation has been made that the informant got an agreement to sell dated 16.5.2018 from Jhamman Singh of Plot nos. 616, 617, 619 and 621 situated at village Saidpur Hakans, pargana and distt. Bareilly in which Muneesh Kumar and Avnish Kumar were marginal witnesses. Later on Jhamman Singh has stated that he had not executed the agreement dated 16.5.2018 rather some impostor had executed the agreement to sell dated 16.5.2018.
The counsel for the petitioner submits that petitioner is the marginal witness in the agreement to sell and he has not committed any offence.
From a perusal of the material available on record and keeping in view the facts of the case, at this stage it cannot be said that offences levelled against the petitioner are not made out.
However, it is observed that in case the petitioner surrenders before the court below and applies for bail, then same shall be considered and decided in view of the settled law laid by this Court in the case of Amrawati and another Vs. State of U.P., 2004 (57) ALR 290 and affirmed by Apex Court in Lal Kamlendra Pratap Singh Vs. State of U.P., 2009 (3) ADJ 322 (SC). For a period of 30 days from today, no coercive action shall be taken against the petitioner.
It is made clear that no further time shall be allowed to the petitioners to surrender before the Court below. With the aforesaid observations, the writ petition stands disposed of.
Order Date :- 28.2.2019 Rahul Dwivedi/-