Court No. - 45
Case :- CRIMINAL MISC. WRIT PETITION No. - 25742 of 2019 Petitioner :- Ram Dular And 2 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Manish Chandra Tiwari,Vatsala Upadhyay Counsel for Respondent :- G.A.
Hon'ble B. Amit Sthalekar,J. Hon'ble Shekhar Kumar Yadav,J.
Heard the learned counsel for the petitioners and the learned A.G.A. for the State.
The petitioner in the present writ petition is seeking quashing of the F.I.R. 245 of 2019 under sections 419, 420, 467, 468, 471, 504, 506, 406 I.P.C. and section 3(1)(iv) (Da) of S.C. and S.T. Act police station Khiri District Prayagraj with a further prayer not to arrest him in pursuance of the said first information report.
The allegations in the F.I.R. are that the respondent no. 4 is the owner of Plot No. 4 Ka and 5 of village Kulbhasa situate at Road Lane which has commercial value. It is further alleged that the informant is an illiterate person and therefore petitioners no. 1 and 2 on the pretext of sanctioning a loan against the said land got executed a forged sale deed of the said land in favour of petitioner no. 3 on 7.6.2011.
The submission of the learned counsel for the petitioner is that the forged sale deed is alleged to have been executed on 7.6.2011 but the F.I.R. has been lodged on 3.11.2019. It is further submitted that the dispute is purely in the nature of civil dispute and only to harass the petitioners the present impugned F.I.R. has been lodged by the informant. Hence, the impugned F.I.R. is liable to be quashed.
Per contra learned A.G.A. contended that the allegations made in the first information report cannot be aborted at this stage. The petitioner will have sufficient opportunity to rebut the allegations.
From perusal of the F.I.R., prima facie cognizable offences is made out at this stage against the petitioner, therefore, we do not find any cogent reason to quash the first information report. The prayer for quashing the first information report is refused.
However, in the facts and circumstances of the case and the submissions advanced on behalf of the petitioner, it is directed that the petitioners shall not be arrested in the aforesaid case till the submission of police report under Section 173 (2) Cr.P.C., subject to the restraint that they shall co-operate with the investigation and shall appear as and when called upon to assist in the investigation.
With the above direction, this petition is finally disposed of.
Order Date :- 18.12.2019 o.k.