Hon'ble Yogendra Kumar Sangal,J.
Under challenge in the writ petition is FIR relating to Case Crime No. 42 of 2010 under Sections 467, 468, 419, 420, 504 and 506 IPC, Police Station - Ram Gaon, district Bahraich.
Heard learned counsel for the petitioners, learned AGA for the State of U.P. and perused the material on record including the impugned First Information Report.
The FIR discloses commission of cognizable offence, therefore it cannot be quashed.
Learned counsel for the petitioners, however submits that FIR in question is vague in nature and false allegations have been made by none other than his own brother who happens to be the first informant. Learned counsel further submits that in fact, opposite party no. 4, informant of this case is his brother whose actual name is Melaram. It is further submitted that the ancestral agricultural property devolved upon the petitioner no. 3 and his two brothers namely, Melaram and Prithviraj. In due course of time, Prithviraj died but his brother Melaram in the name of his dead brother Prithviraj has executed a sale-deed in favour of some other person. When it came to the knowledge of the petitioners, they filed a regular suit for cancellation of the sale-deed (Annexure No. 3) and the suit was filed on 01.04.2009. In order to exert pressure , the FIR in question has now been falsely lodged on the basis of an application under Section 156(3) Cr.P.C. which was moved on 19.12.2009.
In view of the above, we dispose of the writ petition finally, with an observation that petitioners shall not be arrested in the aforesaid case crime number during investigation unless and until cogent and credible evidence is collected against them, subject to their full cooperation in the investigation which shall go on.
Order Date :- 28.1.2010 Kaushal