Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 37555 of 2018 Petitioner :- Ramendra Shukla Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Rajiv Lochan Shukla,Hridai Narain Pandey Counsel for Respondent :- G.A.
Hon'ble Ram Surat Ram (Maurya),J. Hon'ble Anil Kumar-IX,J.
Heard Sri Rajiv Lochan Shukla along with Sri Hridai Narain Pandey for the petitioner and AGA for State.
Supplementary affidavit filed today, is taken on record.
The writ petition has been filed for quashing the FIR dated 13.11.2018 registered as Case Crime No. 935 of 2018, under Section 420, 467, 468, 471, 323, 504, 506 IPC, P.S. Barra Kanpur Nagar.
In the FIR, the allegation has been made that plot no. 334, area 0.7090 hectare situated at village Mohammadpur, Tehsil Narval, Distt. Kanpur Nagar was recorded in the name of Kuldeep Shukla and Sandeep Shukla sons of Ramendra Shukla. Ramendra Shukla agreed to sell the aforesaid plot for sale consideration of Rs. 24 lakhs and in pursuance thereof he has taken Rs. 10,000/- cash on 20.9.2016 and on 21.9.2016, two cheques amounting to Rs. 5 lakhs each were given in the name of Kuldeep Shukla. On that very day two lakhs was also given to Ramendra Shukla in cash. Although substantial part of sale consideration was paid but the petitioner was neither executing the sale deed nor returning the sale consideration. Thereafter on 4.9.2018, the informant was called for returning the earnest money where Ramendra Shukla along with four unknown persons assaulted the informant and threaten to forget the earnest money.
The counsel for the petitioner submits that FIR has been lodged on false allegation inasmuch as Ram Naresh agreed to purchase 1/2 share of Kuldeep Shukla for sale consideration of Rs. 240000/- and thereafter he begun to insist for executing the sale deed of Rs. 24 lakhs including the share of Sandeep Shukla also in that very sale consideration and avoiding to obtain sale deed. Therefore, Kuldeep Shukla has filed O.S. No. 257 of 2018 restraining Ram Naresh from interfering with his possession over the land in dispute. The earnest money of Rs. 10 lakh was given in the name of Kuldeep Shukla himself.
We have considered the arguments of the counsel for the parties.
A perusal of the FIR indicates that it discloses the cognizable offence as such it is not liable to be quashed at this stage.
However, considering the submissions advanced by the counsel for the parties and nature of the allegations it is directed that the petitioner shall not be arrested in pursuance of the FIR dated 13.11.2018 registered as Case Crime No. 935 of 2018, under Section 420, 467, 468, 471, 323, 504, 506 IPC, P.S. Barra Kanpur Nagar till submission of police report under Section 173 (2) Cr P C. The writ petition is disposed of.
Order Date :- 20.12.2018 Rahul /-