Court No. - 4
Case :- CRIMINAL MISC. WRIT PETITION No. - 30169 of 2018 Petitioner :- Pankaj Gupta And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Manoj Kumar Gupta Counsel for Respondent :- G.A.
Hon'ble Bala Krishna Narayana,J. Hon'ble Ravindra Nath Kakkar,J.
Heard learned counsel for the petitioners and learned A.G.A. for the State.
This writ petition has been filed by the petitioners to issue a writ, order or direction in the nature of certiorari quashing the impugned FIR dated 13.07.2018 registered as Case Crime No. 187 of 2018, under Sections 420, 467, 468, 471 504 and 506 I.P.C., P.S. Bhuta, District Bareilly.
Learned counsel for the petitioners submitted that the petitioner no. 1 is the bonafide purchaser of the property in dispute from its recorded owner for valuable consideration and petitioner no. 2 is the witness of the sale deed. He further submitted that the dispute between the parties is one of civil nature. Moreover apart from the bald allegations made in the impugned FIR no credible evidence whatsoever is coming forth even prima facie indicating at the petitioners' complicity in the commission of the alleged crime and for the aforesaid reason the impugned FIR 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 allegation made therein, it cannot be said that no cognizable offence is disclosed against the petitioners.
After having heard learned counsel for the parties present and perused the impugned FIR, we are not inclined to quash the same.
However, considering the peculiar facts and circumstances of the case, 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 :- 26.10.2018 SA