Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 4760 of 2019 Petitioner :- Nitin Kumar And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sunil Vashisth Counsel for Respondent :- G.A.
Hon'ble Ram Surat Ram (Maurya),J. Hon'ble Anil Kumar-IX,J.
Heard Sri Sunil Vashisth, learned counsel for the petitioners and the learned A.G.A. for the State of U.P.
The writ petition has been filed for quashing he F.I.R. dated 18.11.2018, registered as Case Crime No.2593 of 2018 under Sections 420, 467, 468, 471, 323, 504, 506 I.P.C. Police Station-Loni, District-Ghaziabad.
In the F.I.R., in substance the allegation has been made that the informant was co-sharer in Plot No. 131 situated at Village Nasratabad Kharkhari, Tehsil- Loni, District-Ghaziabad. In which the petitioners are also co-sharer. The petitioner no.2 Gyan Chand executed the sale deeds dated 30.03.2018 and 16.01.2018 in favour of Nitin Kumar petitioner no.1, and through these sale deeds he transferred 298 square meter excess land then his share.
Learned counsel for the petitioners submits that Supreme Court Mohd. Ibrahim & others Vs. State of Bihar 2009 (67) ACC 679 has held that merely transferring land in excess of share does not amount to any offence.
In the facts of the case, this writ petition is disposed of with a direction that the petitioners shall not be arrested in Case Crime No.2593 of 2018 under Sections 420, 467, 468, 471, 323, 504, 506 I.P.C. Police Station-Loni, District-Ghaziabad till the submission of police report under Section 173(2) Cr.P.C.
Order Date :- 22.2.2019 Rahul.