Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 4585 of 2018 Petitioner :- Ram Lochan Yadav Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Virendra Kumar Jaiswal Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Krishna Pratap Singh,J.
Heard Sri V.K. Jaiswal, learned counsel for the petitioner, Sri N.K. Verma, learned A.G.A. for the State and perused the impugned F.I.R. as well as material brought on record.
This petition has been filed by the petitioner with a prayer to quash the F.I.R. dated 17.12.2017 registered as case crime no. 1468 of 2017 under sections 419, 420, 448, 506 I.P.C. and 3 (1) (f) S.C./S.T. Act, police station Dhoomanganj, District Allahabad.
Learned counsel for the petitioners submits that on a complaint made by one Rajesh Rai against the petitioner before the Tehsildar a committee of three members was formed, who after making spot inspection of the plot in question has submitted its report on 25.9.2017 mentioning that the plot in question belongs to Tulsi Vatika guest house and the land of the said guest house is in the name of one Seema Yadav, wife of the petitioner. The wife of the petitioner has also moved an application before the District Magistrate, Allahabad for getting license for running the guest house and banquet hall in November, 2016 and on the said application, the Additional District Magistrate (City) Allahabad wrote a letter to the S.P. (City) Allahabad to submit his report so that license can be granted in favour of wife of the petitioner vide letter dated 5.11.2016. The said letter was also forwarded to Secretary of Allahabad Development Authority. After receiving the said letter dated 5.11.2016, the Secretary/Additional Secretary, Allahabad Development Authority issued a letter dated 25.1.2017 written to the wife of the petitioner to provide papers of the plot and lay out plan of the aforesaid guest house within a week from the date of said letter and the said matter regarding the grant of license is sub judice before the competent authority. In the meanwhile due to some political pressure, the present F.I.R. has been lodged by respondent no. 4 against the petitioner on the pretext that the petitioner has purchased the land of scheduled cast and scheduled tribe on a very low price and further selling the same by making plots without any development and without any sanction layout plan from the Allahabad Development Authority causing loss to the Allahabad Development Authority as well as to the purchaser. He submits that the said allegation is absolutely false, hence the present F.I.R. is liable to be quashed by this Court.
Learned counsel for respondent no. 4 and learned A.G.A. opposed the prayer for quashing.
Considering the submissions advanced by learned counsel for the parties and nature of the allegations, it is directed that the petitioners shall not be arrested in above mentioned case, till the submission of the police report under section 173(2) Cr.P.C. but he shall co-operate with the investigation of the case.
It is made clear that this Court has not adjudicated or expressed any opinion regarding the ownership of the plot in question.
With the above direction this petition is finally disposed of.
(Krishna Pratap Singh, J.) (Ramesh Sinha, J.) Order Date :- 23.2.2018 Shiraz