Court No. - 41
Case :- CRIMINAL MISC. WRIT PETITION No. - 7436 of 2018 Petitioner :- Pappu And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Anand Kumar Singh Counsel for Respondent :- G.A.
Hon'ble Rajesh Dayal Khare,J. Hon'ble Rajiv Gupta,J.
Heard learned counsel for the petitioners and learned A.G.A. for the State.
This writ petition has been filed by the petitioners with a prayer to quash the impugned F.I.R. dated 07.03.2018, which has been registered as Case Crime No. 51 of 2018, under Sections 419, 420, 467, 471 IPC, Police Station Madhihan, District Mirzapur.
It is contended by learned counsel for the petitioners that the respondent no.4 Omkar Nath Dubey has lodged an FIR but the petitioners were not named in the FIR. He has further submitted that the allegation upon the petitioners is that they have executed the sale deed of some land in favour of other person.
It is next contended by learned counsel for the petitioner that the petitioner has never committed the offence as alleged in the FIR but they are victim themselves and cheated by Lal Bahadur.
He has 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.
Per contra, learned A.G.A. has submitted that from the perusal of the impugned F.I.R., it cannot be said that no cognizable offence is made out, hence, the impugned F.I.R. is not liable to be quashed.
From the perusal of the F.I.R., it appears that on the basis of the allegations made therein prima facie cognizable offence is made out, hence, there is no scope for interfering with the impugned F.I.R. Therefore, the prayer for quashing the impugned F.I.R. is refused.
However, considering the submissions advanced by learned counsel for the petitioners and nature of allegations made in the F.I.R., it is directed that the petitioners shall not be arrested in the aforementioned case till submission of police report under Section 173(2) CrPC or till credible evidence is collected, whichever is earlier.
With the aforesaid directions, this writ petition is finally disposed of.
Order Date :- 28.3.2018 Nadim