Court No. - 40
Case :- CRIMINAL MISC. WRIT PETITION No. - 34062 of 2018 Petitioner :- Rajesh Kumar Srivastava Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Anjani Kumar Raghuvanshi Counsel for Respondent :- G.A.
Hon'ble Bala Krishna Narayana,J. Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the petitioner and learned A.G.A. for the State.
This writ petition has been filed by the petitioner with a prayer to issue a writ, order or direction in the nature of certiorari quashing the impugned F.I.R. dated 02.11.2018 registered as Case Crime No. 1215 of 2018, under Sections 419, 420, 467, 468 I.P.C., P.S.- Cantt., District- Varanasi.
It is submitted by learned counsel for the petitioner that the petitioner is the bonafide purchaser of the property from its recorded owner, one late Awadh Narayana Chaubey, father of the respondent no. 3 for valuable consideration. The impugned F.I.R. has been lodged by the respondent no. 3 falsely alleging that the petitioner had obtained the sale deed dated 03.05.2018 from his father fraudulently and he has not received any sale consideration. On the basis of the aforesaid allegations, no cognizable offence against the petitioner is made out. Hence, the impugned F.I.R. which is a bundle of lies and product of malice, is liable to be quashed.
Per contra learned A.G.A. submitted that from the perusal of the impugned F.I.R. and on the basis of the allegations made therein, it cannot be said that no cognizable offence is disclosed against the petitioner and the impugned F.I.R. is not liable to be quashed on the basis of the submissions advanced by the learned counsel for the petitioner.
After having heard learned counsel for the parties and perused the impugned F.I.R., we are not inclined to quash the same.
However, considering the peculiar facts and circumstances, we direct that investigation of the aforesaid case shall go on but the petitioner shall not be arrested till the submission of police report under section 173(2) Cr.P.C. subject to his extending full co-operation during investigation.
With the aforesaid direction, this petition is finally disposed of.
Order Date :- 27.11.2018 KS