Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 24226 of 2019 Petitioner :- Sabir Huasin And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Krishna Kumar Yadav Counsel for Respondent :- G.A.,Praveen Yadav
Hon'ble Manoj Misra,J. Hon'ble Virendra Kumar Srivastava,J.
Heard learned counsel for the petitioners; learned AGA for respondents 1 and 2; Sri Sushil Jaiswal holding brief of Sri Praveen Yadav for respondent no.3 and perused the record.
The instant petition seeks quashing of the first information report dated 18th October, 2019 registered as Case Crime No.353 of 2019, under Sections 420, 427, 467, 468, 452, 323, 504 and 506 at Police Station Anoop Shahar, District Bulandshahar.
The contention of learned counsel for the petitioners is that the allegations are absolutely false and mala fide and, in fact, in respect of the property, the petitioners have already instituted civil suit no.120 of 2019 in the court of Civil Judge (Jr. Div.), Bulandshahar wherein an interim injunction has also been granted in favour of the plaintif petitioners on 7th May, 2019 and to interfere in the possession of the petitioners, by making false allegations, the impugned first information report has been lodged.
Learned counsel for the respondent no.3 submitted that it appears that interim injunction obtained is ex-parte by setting up false documents.
Be that as it may, as the allegations disclose commission of cognizable ofence, the matter would have to be investigated to find out the truth. However, considering the facts and circumstances of the case as also the fact that currently the interim injunction is operating in respect of the property, we deem it appropriate to dispose of the petition by providing that the investigation of the above case shall proceed and brought to its logical conclusion but till submission of police report under Section 173 (2) CrPC, the petitioners shall not be arrested provided they co- operate in the investigation.
Order Date :- 28.11.2019. Rks.