Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 25831 of 2019 Petitioner :- Satya Prakash Sharma Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Hemendra Pratap Singh,Anshu Singh Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J. Hon'ble Gautam Chowdhary,J.
Heard learned counsel for the petitioner; learned A.G.A. for the respondents 1 and 2; and perused the record.
The instant petition seeks quashing of the first information report dated 26.10.2019 registered as Case Crime No.685 of 2019, under Sections 420, 467, 468 and 471 I.P.C. P.S. Banna Devi, District Aligarh.
The contention of learned counsel for the petitioner is that though the allegations may disclose commission of cognizable offences but the fact of the matter is that the first information report relates to some sale transaction of the year 2007 in which the petitioner was neither privy to the transaction nor a witness of the said transaction but has been implicated by alleging that he brokered the deal. The allegation is that the land conveyed by the instrument was found government land.
It is the case of the petitioner that he had been an employee in a government department from where he retired in the year 2017; and that he has been falsely implicated.
It is well settled that correctness of the allegations is not to be tested in the writ jurisdiction because they would depend upon the material collected during the course of investigation and the evidence led in trial and therefore on the grounds taken, the prayer of the petitioner to quash the first information report cannot be accepted.
However, considering the facts of the case as also the claim of the petitioner that he is not privy to the transaction, we deem it appropriate to dispose of the petition by providing that the investigation of the above case shall continue and brought to its logical conclusion but the petitioner shall not be arrested till submission of police report under Section 173 (2) CrPC, provided he co- operates in the investigation.
Order Date :- 18.12.2019. Rks.