Court No. - 43
Case :- CRIMINAL MISC. WRIT PETITION No. - 37612 of 2018
Petitioner :- Raj Kumar Singhal And Another
Respondent :- State Of U.P. And 3 Others
Counsel for Petitioner :- Prem Sagar Verma,Madan Mohan
Counsel for Respondent :- G.A.
Hon'ble Pankaj Naqvi,J. Hon'ble Rajendra Kumar-IV,J.
Heard Sri Madan Mohan, learned counsel for the petitioners and learned A.G.A.
The relief sought in this petition is for quashing of the F.I.R. dated 04.01.2018 registered as Case Crime No. 9 of 2018, under Sections 420, 467, 468, 471, 120-B, 406, 504 I.P.C., PS Vrindavan, District-Mathura.
The F.I.R. dated 27.12.2014 alleges that petitioners executed a sale deed of land in question to informant for Rs. 23.50 lakhs on the basis of fake papers even though petitioner was not in possession but when informant went to the spot, he found the plot belonging to others.
Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in the present case. The allegations levelled against them are absolutely false, frivolous and baseless. F.I.R. is highly belated and lodged with ulterior motive. Hence, FIR is liable to be quashed.
The learned A.G.A opposed the submission by submitting that petitioners are alleged to have sold the plot in question not belonging to them on the basis of fake documents and have taken a sum of Rs. 23.50 lakhs from informant thereby not only deceiving the informant but by committing forgery. It is also further stated that perusal of F.I.R., reveals a cognigable offence.
The Full Bench of this Court in Ajit Singh @ Muraha v. State of U.P. (2006 (56) ACC 433) reiterated the view taken by the earlier Full Bench in Satya Pal v. State of U.P. (2000 Cr.L.J. 569) after considering the various decisions including State of Haryana v. Bhajan Lal (AIR 1992 SC 604) that there can be no interference with the investigation or order staying arrest unless cognizable offence is not ex-facie discernible from the allegations contained in the F.I.R. or there is any statutory restriction operating on the power of the Police to investigate a case.
Veracity of contentions raised by both the side is a matter of investigation. From the perusal of the FIR, prima facie it cannot be said that no cognizable offence is made out. Hence, no ground exists for quashing of the F.I.R. or staying the arrest of the petitioner.
The writ petition is, accordingly, dismissed.
Order Date :- 20.12.2018/AKT