Court No. - 41
Case :- CRIMINAL MISC. WRIT PETITION No. - 7573 of 2018 Petitioner :- Om Dutt Sharma And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Bharat Bhushan Paul Counsel for Respondent :- G.A.
Hon'ble Rajesh Dayal Khare,J. Hon'ble Rajiv Gupta,J.
Heard learned counsel for the petitioners, learned AGA and perused the record.
This writ petition has been by the petitioners with the prayer to quash the impugned FIR dated 19.3.2018, which has been registered as Case Crime No. 0087 of 2018, under Sections 406, 420, 467, 468 IPC, P.S. Kotwali Dehat, District- Saharanpur.
It is contended by learned counsel for the petitioners that the sale deed has been executed on 14.1.2013 and F.I.R has been lodged after five years i.e. on 19.3.2018 even though the petitioners are only witness of the sale-deed. It is next contended that petitioners have been falsely implicated in the present case on account of village animosity. He further submitted that apart from the bald allegations made in the F. I. R., which is a bundle of lies and product of malice, no credible evidence is forthcoming, even prima facie, indicating that any such incident had taken place, hence the impugned F. I. R. is liable to be quashed.
Learned AGA opposed the aforesaid prayer.
Considered the submissions of learned counsel for the parties. From perusal of the F.I.R., in view of the allegations made therein prima facie commission of offence is made out. Hence, there is no ground for interfering in the investigation or for quashing of the FIR.
However, considering the allegations made in the F.I.R., it is provided that the petitioners shall not be arrested in above mentioned case, till submission of police report under section 173 (2) Cr.P.C. The petitioners shall cooperate with the investigation of the case.
With the above direction, this petition is finally disposed off.
Order Date :- 28.3.2018 KU