Court No. - 41
Case :- CRIMINAL MISC. WRIT PETITION No. - 7504 of 2018 Petitioner :- Rajpal Singh And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Manoj Kumar Tripathi Counsel for Respondent :- G.A.
Hon'ble Rajesh Dayal Khare,J. Hon'ble Rajiv Gupta,J.
Heard learned counsel for the petitioners and learned A. G. A. for the State.
This writ petition has been filed by the petitioners with a prayer to quash the F.I.R. dated 10.07.2017 lodged in Case Crime No.141 of 2017, under Sections 420, 406, 447, 147, 504, 506 I.P.C., Police Station Niwari, District Ghaziabad.
It has been submitted by learned counsel for the petitioners that the petitioners had sold 100 square yard of land to the respondent no.3 on 11.09.2012, thereafter, the respondent no.3 raised constructions over it and is residing. Learned counsel further contends that notice was issued to the respondent no.3 to the effect that she has encroached upon the Government land pursuant to which notice, the instant prosecution has been initiated which is bad in law. Learned counsel further contends that the petitioners had only sold 100 square yard of land to the respondent no.3 on which land, the respondent no.3 is residing and if the respondent no. 3 has encroached upon some government land, the petitioners are not responsible, therefore, it is contended that the criminal prosecution of the petitioners is bad in law. He further submitted that apart from the bald allegations made in the F.I.R., which is a bundle of lies and product of malice, no credible evidence is forthcoming, even prima facie, indicating that any such incident had taken place, hence the impugned F. I. R. is liable to be quashed.
Per contra, learned A. G. A. submitted that from the perusal of the impugned F.I.R. it cannot be said that no cognizable offence is made out, hence the impugned F.I.R., is not liable to be quashed.
From the perusal of the F.I.R. it appears that on the basis of the allegations made therein prima facie cognizable offence is made out hence, there is no scope for interfering with the impugned F.I.R.
Therefore, the prayer for quashing the impugned F. I. R. is refused.
However, considering the submissions advanced by learned counsel for the petitioners and nature of allegations made in the F. I. R., it is directed that the petitioners shall not be arrested in the aforementioned case till submission of police report under Section 173 (2) or till credible evidence is collected, whichever is earlier.
With the aforesaid directions, this writ petition is disposed of finally.
Order Date :- 28.3.2018 S.Ali