Court No. - 40 Case :- CRIMINAL MISC. WRIT PETITION No. - 36855 of 2018 Petitioner :- Sarika Mishra @ Sarika Dwivedi Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ramesh Chandra Agrahari Counsel for Respondent :- G.A.
Hon'ble Bala Krishna Narayana,J. Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the petitioner, learned AGA for the respondents.
This writ petition has been filed by the petitioner with a prayer to quash the F.I.R. dated 20.10.2018 registered as Case Crime Np.0611 of 2018, under sections 419, 420, 467, 468, 471, 504, 506 I.P.C., Police Station Bidhanu, District Kanpur Nagar.
It is submitted by the learned counsel for the petitioner that the petitioner has executed the sale deeds dated 22.05.2018 & 26.05.2018 in capacity of power of attorney holder of Girish Kumar Dwivedi. Learned counsel for the petitioner next submitted that the impugned FIR has been lodged during the pendency of civil suit filed by Girish Kumar against the respondent no.3 in respect of the same property which is the subject matter claiming himself to be the owner of the property in dispute. The dispute between them is civil in nature. It is also submitted that this Court has granted interim protection to co-accused Savitri and others on 27.11.2018 in Criminal Misc.Writ Petition No.33891 of 2018.
Per contra learned A.G.A. submitted that from the perusal of the impugned FIR and on the basis of the allegations made therein, it cannot be said that no cognizable offence is disclosed against the petitioner and the impugned F.I.R. is not liable to be quashed on the basis of the submissions advanced by the learned counsel for the petitioner.
After having heard learned counsel for the parties and perused the impugned F.I.R., we are not inclined to quash the same.
However, considering the peculiar facts and circumstances, we direct that investigation of the aforesaid case shall go on but the petitioner shall not be arrested till the submission of police report under section 173(2) Cr.P.C. subject to his extending full co-operation during investigation.
With the aforesaid direction, this petition is finally disposed of.
Order Date :- 18.12.2018 SKD