Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 16451 of 2019 Petitioner :- Raj Bahadur And 2 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Phool Singh Yadav Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Vivek Varma,J.
Heard Sri P.S.Yadav, learned counsel for the petitioners, Sri Irshad Hussain, learned A.G.A. for the State and perused the impugned FIR as well as material brought on record.
This petition has been filed by the petitioners with a prayer to quash the FIR dated 26.5.2019, registered as Case Crime No.69 of 2019, under Sections 419, 420, 504, 506, 406 I.P.C., Police Station Hathgawan, District Fatehpur.
Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in the present case with malafide intention. He further submitted the petitioner nos. 1 and 2 are the marginal witnesses of the said deed in question and they have no concern in respect of taking money or execution of any sale deed. The petitioner no.3 is is the mother of petitioner no.1 and purchased the property in question which was registered in the name of Ram Milan son of Sundar after paying the entire sale consideration. The allegation levelled against the petitioners is absolutely false, frivolous and baseless. No offence is made out against the petitioners, hence, FIR is liable to be quashed.
Learned A.G.A. opposed the prayer for quashing of the F.I.R. which discloses cognizable offence.
Considering the submissions advanced by learned counsel for the parties and nature of the allegations, it is directed that the petitioners shall not be arrested in above mentioned case, till the submission of the police report under section 173(2) Cr.P.C. but they shall co-operate with the investigation of the case.
With the above direction, this petition is finally disposed of.
(Vivek Varma,J.) (Ramesh Sinha, J.)
Order Date :- 13.6.2019/NS