Hon'ble Yogesh Chandra Gupta,J.
Heard Shri H.N. Singh, learned counsel for the petitioners.
By this petition, petitioners have prayed for quashing the F.I.R. dated 12/6/2010, in Case Crime No.403/2010, under Sections 467, 468, 471 and 420 I.P.C., P.S.-Shikohabad, District Firozabad. The allegation made in the F.I.R. is that the petitioners have executed to sale with regard to the property in which Karamchari Rajya Bima Nigam is recorded.
Learned counsel for the petitioners submit that the co-accused has been granted relief by this Court in Writ Petition No.10445/2010, Ativir Singh Vs. State of U.P. & Ors. A perusal of the F.I.R. indicates commission of prima-facie offence. Insofar as, the order passed by this Court on 16/6/2010, is concerned the same was passed on a writ petition filed by a person who has purchased the property. The petitioners who have entered into agreement to sale claiming as a owner are not in the same position as the person who has purchased the property. This is not a fit case for exercising jurisdiction under Article 226 of the Constitution. If so advised, the petitioners may surrender before the Court below and apply for bail which may be considered in view of the judgement of the Apex Court in 2009 (2) SCC Crl 330, Lal Kamlendra Pratap Singh Vs. State of U.P. & Ors.
With the aforesaid observation writ petition is dismissed.
Order Date :- 28.6.2010 SB