Court No. - 43
Case :- CRIMINAL MISC. WRIT PETITION No. - 26174 of 2019 Petitioner :- Ram Kumar Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Pramod Kumar Dubey Counsel for Respondent :- G.A.
Hon'ble Pankaj Naqvi,J. Hon'ble Samit Gopal,J.
Heard Shri Pramod Kumar Dubey, learned counsel for the petitioner and the learned A.G.A.
This writ petition has been filed by the petitioner to issue a writ, order or direction in the nature of certiorari quashing the impugned FIR dated 29.6.2019 registered as Case Crime No.0384 of 2019 under sections 419, 420, 467, 468, 471, 323, 504 & 506 I.P.C. P.S.Sigra District Varanasi.
It is submitted by learned counsel for the petitioner that FIR is malafidely and motivated inasmuch as, the petitioner is in possession under the registered sale deed of 2016 executed by respondent no.4/informant whereas the First Information Report alleges that it ought to be a mortgaged deed, FIR itself has been lodged after three years one month, coupled with the fact that suite for cancellation of the sale deed in question is already pending before the court below. The allegations levelled against him are absolutely false, frivolous and baseless, no offence is made out against the petitioner, the FIR 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.
After having heard learned counsel for the parties and perusing the impugned F.I.R, we are not inclined to quash the same.
However, considering the peculiar facts and circumstances of the case, 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 co-operation during investigation.
With the aforesaid direction, this petition is finally disposed of.
Order Date :- 20.12.2019 Rk