Court No. - 4
Case :- CRIMINAL MISC. WRIT PETITION No. - 2574 of 2019 Petitioner :- Smt. Neelofar Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Syed Ahmad Naseem,Jawed Iqbal Counsel for Respondent :- G.A.
Hon'ble Bala Krishna Narayana,J. Hon'ble Ghandikota Sri Devi,J.
Heard learned counsel for the petitioner and learned A.G.A. for the State. This writ petition has been filed by the petitioners with a prayer to issue a writ, order or direction in the nature of certiorari quashing the impugned F.I.R. dated 29.11.2018 registered as Case Crime No. 608 of 2018, under Sections 419, 420, 467, 468, 471 and 406 IPC, Police Station Kareili, District Allahabad.
It has been submitted by the learned counsel for the petitioner that although the petitioner named in the FIR but the allegations made therein are totally false and fabricated. He next submits that the petitioner is neither seller nor the purchaser of the property in dispute and as it is apparent that the sale consideration was transferred by the respondent No.3 in the account of co-accused Maqsood Alam Jafri @ Badsah and she has been implicated in this case merely on account of the fact that she is residing as a tenant in a portion of the transferred property. He further submitted that apart from the bald allegations made in the impugned F.I.R., no credible evidence whatsoever is coming forth even prima facie indicating at the complicity of the petitioners in the commission of the alleged crime and the impugned FIR, which is a bundle of lies and product of malice, is liable to be quashed.
Per contra learned A.G.A. submitted that from the perusal of the impugned FIR and on the basis of the allegations made therein, it cannot be said that no cognizable offence is disclosed against the petitioners and the impugned F.I.R. is not liable to be quashed on the basis of the submissions advanced by the learned counsel for the petitioners.
After having heard learned counsel for the parties and perused the impugned F.I.R., we are not inclined to quash the same.
However, considering the peculiar facts and circumstances, 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 :- 31.1.2019 LN Tripathi