Court No. - 33
Case :- CRIMINAL MISC. WRIT PETITION No. - 1914 of 2019 Petitioner :- Saiyad Usman Ahmad Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Kameshwar Singh Counsel for Respondent :- G.A.,Rajesh Kumar Singh Hon'ble Manoj Misra,J. Hon'ble Vivek Varma,J.
Heard Sri Kameshwar Singh, learned counsel for the petitioner; learned AGA for the respondent nos. 1 and 2; Sri Rajesh Kumar Singh, learned counsel for the respondent no.3 and perused the record.
The instant petition seeks quashing of the First Information Report dated 29.12.2018, which has been registered as Case Crime No. 0276 of 2018, under Sections 420, 467, 468, 471 IPC, Police Station Girwa, District Banda.
The allegation in the FIR is to the effect that informant's sister Hasina Khatoon was divorced and thereafter she did not marry. On her death she left certain assets. Those assets have been claimed by co-accused Mustaq Ahmad by forging document to show that the informant's sister Hasina Khatoon had married him.
The petitioner is stated to be the brother of Mustaq Ahmad and the allegation against him is of conspiring with his brother.
Learned counsel for the petitioner has submitted that the petitioner has not directly received any benefit from the transaction and that the informant’s sister in fact was Mustaq Ahmad's wife.
Be that as it may, as the allegations made in the FIR do disclose commission of cognizable offences, the prayer to quash the FIR cannot be accepted. However, looking to the facts of the case, we deem it appropriate to dispose of this petition by providing that the investigation shall continue and be brought to its logical conclusion, but the petitioner shall not be arrested in the aforesaid case, till submission of police report under Section 173(2) Cr.P.C., subject to petitioner's co-operation in the investigation.
The petition is disposed off.
Order Date :- 29.1.2019 Lbm/-