Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 24219 of 2019 Petitioner :- Satish And 4 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Daya Ram Yadav Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J. Hon'ble Virendra Kumar Srivastava,J.
Heard learned counsel for the petitioners; learned A.G.A. for the respondents 1, 2 and 3; and perused the record.
The instant petition seeks quashing of the First Information Report dated 03.09.2019 registered as Case Crime No.689 of 2019, under Sections 420, 467, 468, 471 and 506 I.P.C.
P.S. Loni Border, District Ghaziabad.
The allegation in the impugned first information report discloses that the informant had acquired a plot through sale deed dated 1st June, 2018 and when she went to the spot, she found that the accused were illegally raising construction over the said plot. When she resisted, she was threatened as a result she made a complaint to the police. Upon seeing the police, the accused vanished but, later, they again interfered with her possession by setting up some false and fabricated documents.
The contention of learned counsel for the petitioners is that they have purchased the said plot through sale deed of the year 2019.
Be that as it may, whether the document/sale deed on the basis of which the petitioners have set up their claim is forged or sham would have to be determined on the basis of the material collected during the course of investigation. But since the allegations made in the impugned first information report disclose commission of cognizable offences, the prayer of the petitioners to quash the first information report cannot be accepted, at this stage.
The petition is dismissed without prejudice to the rights of the petitioners to apply for bail or anticipatory bail, as may be advised.
Order Date :- 28.11.2019. Rks.