Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 1427 of 2019 Petitioner :- Rishabh Dev Mishra And 3 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Surendra Kumar Chaubey Counsel for Respondent :- G.A.
Hon'ble Ram Surat Ram (Maurya),J. Hon'ble Anil Kumar-IX,J.
Heard Sri Surendra Kumar Chaubey, counsel for the petitioners and A.G.A appearing for the State of U.P.
Writ petition has been filed for quashing the F.I.R. dated 26.6.2017 registered as case crime no. 437 of 2017 under Sections 419,420,467,468,471,120B I.P.C., Police Station -Phoolpur, District Varanasi.
In substance, in the F.I.R, alleagation has been made that the informant Smt.Archana Singh has obtained a sale deed 11.9.2015 of plot no. 954 area 0-0325 hectres situated in pargana 15, Tehsil Pidara, District Varanasi from Prafulla Tiwari, father of Suraj Tiwari, petitioner no.2, who was its owner and after the death of Prafulla Tiwari, father of petitioner no.2, Suraj Tiwari, petitioner no.2 fraudulently executed a sale deed dated 10.2.2016 in favour of Rishabh Dev Mishra, petitioner no.1 in respect of the land which has already been sold by Prafulla Tiwari, father of petitioner no.2 and Lal Chandra and Manoj Kumar Mishra, petitioner nos. 3 and 4 were the witnesses.
Counsel for the petitioner submits that the Prafulla Tiwari, father of petitioner no2. executed a registered agreement to sale dated 10.11.2014 of the disputed land in favour of Rishabh Dev Mishra, petitioner no. 1. In compliance of liability under agreement to sale, a sale deed dated 11.9.2015 has been obtained by Archana Singh, respondent no.3 by Prafulla Tiwari and Rishabh Dev Mishra, petitioner no.1 filed a suit for concellation of sale deed executed in favour of Smt. Archana Singh, respondent no.3. It is a civil dispute and criminal case has been falsely lodged.
We have considered the argument of the counsel for the petitioners and find that at the most, case of Rishabh Devi Mishra, petitioner no.1 can be considered. So far as case of Suraj Tiwari, petitioner no.2, Lal Chandra, petitioner no.3 and Monoj Kumar Misra, petitioner no.4 are concerned, they are very different from the case of petitioner no.1.
In view of the facts of present case, writ petition is disposed of finally with the direction that Rishabh Dev Mishra, the petitioner no.1 shall not be arrested in case crime no. 437 of 2017 under Sections 419,420,467,468,471,120B I.P.C., Police Station -Phoolpur, District Varanasi till submission of police report under Section 173(2) Cr.P.C.
So far as Suraj Tiwari, petitioner no.2, Lal Chandra, petitioner no.3 and Monoj Kumar Misra, petitioner no.4 are concerned, it is provided that in case the petitioner nos. 2 to 4 appear and surrender before the court below within 30 days from today and apply for bail, their prayer for bail shall be considered and decided in view of the settled law laid down by this Court in the case of Amrawati and another Vs. State of U.P reported in 2004(57) ALR 290 as well as judgment passed by the Apex Court, reported in 2009 (3) ADJ 322(SC) Lal Kamlendra Pratap Singh Vs. State of U.P.
For a period of 30 days from today or till the disposal of the application for bail, whichever is earlier, no coercive action shall be taken against the petitioner nos.2 to 4. It is made clear that in case the petitioner nos.2 to 4 do not appear before the Court below within the aforesaid period, coercive action shall be taken against them.
With the aforesaid directions, this petition is disposed of.
Order Date :- 21.1.2019 aks