Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 25899 of 2019 Petitioner :- Rahul Gupta And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ram Krishna Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J. Hon'ble Gautam Chowdhary,J.
Heard learned counsel for the petitioners; learned A.G.A. for the respondents 1 and 2; and perused the record.
The instant petition seeks quashing of the first information report dated 29.11.2019 registered as Case Crime No.0196 of 2019, under Sections 419, 420, 467, 471 and 506 I.P.C.
P.S. Kachchwa District Mirzapur.
The contention of learned counsel for the petitioners is that the allegations disclose civil cause of action though it has been vaguely alleged that by fabricating documents false claim was set up. It has been submitted that even if it is accepted that certain documents were fabricated, the petitioners are the bona fide purchaser of the land in question therefore their case is distinguishable from that of other accused.
Be that as it may, the matter would require investigation as the allegations are in respect of creation of false document therefore, on the grounds taken, the prayer of the petitioners to quash the first information report which disclose commission of cognizable offences cannot be accepted.
However, considering the facts of the case and the role attributed to the petitioners, we deem it appropriate to dispose of the petition by providing that the investigation of the above case shall continue and brought to its logical conclusion but the petitioners shall not be arrested till submission of police report under Section 173 (2) CrPC, provided they co-operate in the investigation.
Order Date :- 19.12.2019. Rks.