Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 2691 of 2019 Petitioner :- Sarvesh And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Vidya Shanker Pandey Counsel for Respondent :- G.A.
Hon'ble Ram Surat Ram (Maurya),J. Hon'ble Anil Kumar-IX,J.
Heard Sri Vidya Shanker Pandey for the petitioners and AGA for State.
The writ petition has been filed for quashing the FIR dated 29.12.2018 registered as Case Crime No. 350 of 2018, under Sections 406, 506 IPC, P.S. Baniyather, Distt. Bheem Nagar.
In substance in the FIR the allegation has been made that the petitioners were owner of agricultural land of three bighas. They agreed to sell the land for sale consideration of Rs. 21 lakhs and they have also executed a notary agreement in this respect. The informant had given Rs. 1,19000/- in cash but the accused were avoiding to execute the sale deed in favour of the informant.
The counsel for the petitioners submits that there is no registered agreement to sell in favour of the informant. According to FIR version itself the value of the property was 21 lakhs. The alleged money given to the petitioners cannot be said to be earnest money for such a valuable property.
We have considered the arguments of the counsel for the parties.
A perusal of the FIR indicates that it discloses the cognizable offence as such it is not liable to be quashed at this stage.
However, considering the submissions advanced by the counsel for the parties and nature of the allegations it is directed that the petitioner shall not be arrested in pursuance of the FIR dated 29.12.2018 registered as Case Crime No. 350 of 2018, under Sections 406, 506 IPC, P.S. Baniyather, Distt. Bheem Nagar, till submission of police report under Section 173 (2) Cr P C, provided that the petitioner shall cooperate with the Police during investigation. The writ petition is disposed of.
Order Date :- 31.1.2019 Rahul Dwivedi/-