Court No. - 4
Case :- CRIMINAL MISC. WRIT PETITION No. - 31238 of 2018 Petitioner :- Santosh Kumar Pandey And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ramesh Kumar Singh Counsel for Respondent :- G.A.
Hon'ble Bala Krishna Narayana,J. Hon'ble Krishna Pratap Singh,J.
Heard learned counsel for the petitioners and learned A.G.A. for the State.
This writ petition has been filed by the petitioners with a prayer to quash the impugned F.I.R. registered as Case Crime no. 1134 of 2018, under Sections 419, 420, 467, 468, 323, 504, 506, 406, 392 I.P.C., P.S. Cantt., district-Varanasi.
Learned counsel for the petitioners submitted that the petitioners had entered into an agreement to sell with respondent no.3 after receiving a sum of Rs. 5 lakhs as earnest money. Respondent no.3 executed a sale deed despite notice given to him by the petitioners. Thereafter, the petitioners returned the earnest money by cheque no.840188 drawn in favour of respondent no.3. Thereafter, impugned first information report has been lodged by the respondent no.3 containing absolutely false and concocted allegations against the petitioners with the ulterior intention of harassing them. He next submitted that the dispute between the parties is essentially of civil nature which respondent no.3 is trying to settle it by taking recourse to criminal proceedings. He further submitted that apart from the bald allegations made in the impugned F.I.R. no evidence is forthcoming even prima facie indicating at the complicity of the petitioners in the commission of the alleged crime and hence the impugned F.I.R. is liable to be quashed.
Per contra, learned A.G.A. submitted that the impugned F.I.R. is not liable to be quashed on the basis of the submissions advanced by learned counsel for the petitioners.
From the perusal of the impugned F.I.R., it appears that on the basis of the allegations made therein prima-facie cognizable offence is made out. There is no scope of interfering in the F.I.R, therefore, the prayer for quashing the impugned F.I.R. is refused.
However, considering the submissions made by learned counsel for the petitioners and the nature of the allegations made in the F.I.R., it is directed that till the submission of police report under Section 173(2) Cr.P.C., the petitioners shall not be arrested in the aforesaid case subject to their extending full cooperation during investigation.
With the aforesaid direction, this writ petition is finally disposed of.
Order Date :- 31.10.2018 Shalini