Hon'ble Rajeev Singh,J.
Heard Sri P.K. Singh Bisen, learned counsel for the petitioners, Ms. Farhat Jamal Siddqui, learned A.G.A. for the State and perused the record.
The present writ petition has been filed by the petitioner, namely, Rajendra Kumar, seeking quashing of the First Information Report of Case Crime No.686 of 2020, under Sections 419, 420, 406, 504, 506 I.P.C, Police Station Kotwali Nagar, District Raebareli with a further prayer to stay the arrest during the pendency of the investigation of the said case.
Learned counsel for the petitioner submits that the agreement to sale was executed in between the informant and petitioner on 29.08.2017 to sell his share of Gata No.700 situated at Village-Matiha, Akbarpur Kachhwah, Tahsil-Sadar, District Raebareli against sale consideration of Rs.4 lacs and the petitioner had paid Rs. 3 lacs to the respondent No.4 and spent lakhs of rupees for levelling the land in question and thereafter, it was decided with the consent of respondent No.4 that the petitioner will sell the land to some other buyer and the sale deed would be executed in favour of buyer and the sale consideration will be deposited in a joint account of the respondent No.4 and the petitioner. He further submits that the land in question was sold and the sale consideration was deposited in the account of petitioner and the respondent No.4 was entitled for the rest of amount as per the sale consideration of Rs.1 lac, but he became greedy and threatened the petitioner to pay Rs.6 lacs per biswa, hence the impugned FIR was lodged against him.
Learned A.G.A. opposes the prayer for quashing of the First Information Report and submits that the petitioner opened a joint account with the informant and withdrew the entire sale consideration.
After having examined the submissions advanced by learned counsel for the parties and perused the impugned FIR, we are of the opinion that the impugned FIR discloses a cognizable offence against the petitioner, hence, no interference is called for by this Court in its extraordinary power under Article 226 of the Constitution of India for quashing of the FIR or for grant of any interim relief to the petitioner.
The petition lacks merit and is, accordingly, dismissed.
(Rajeev Singh, J.) (Ramesh Sinha, J.) Order Date :- 11.2.2021 Amit/-