Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 37291 of 2018 Petitioner :- Saroj Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Raj Kumar Mishra Counsel for Respondent :- G.A.
Hon'ble Ram Surat Ram (Maurya),J. Hon'ble Anil Kumar-IX,J.
Heard Sri Raj Kumar Mishra, counsel for the petitioner and A.G.A appearing for the State of U.P.
Writ petition has been filed for quashing the F.I.R. dated 6.10.2018 registered as case crime no.787 of 2018 under Sections 379,323,504,506 I.P.C., Police Station -Friends Colony, District Etawah.
In the F.I.R., in substance, allegation has been made that informant purchased dispute property through sale deed dated 30.4.2012.On the date of incident, he was raising boundary wall. In the night, petitioner came and abused them and threatened them that they would be implicated in the case relating to rape.F.I.R. thus, discloses cognizable offence,as such, it is not liable to be quashed.
Counsel for the petitioner submits that the petitioner purchased property through sale deed dated 7.6.1018 and there is no dispute in respect of taking possession over it.
In view of the facts of present case, writ petition is disposed of finally with the direction that the petitioner shall not be arrested in case crime no.787 of 2018 under Sections 379,323,504,506 I.P.C., Police Station -Friends Colony, District Etawah till submission of police report under Section 173(2) Cr.P.C.
Order Date :- 19.12.2018 aks