Court No. - 40 Case :- CRIMINAL MISC. WRIT PETITION No. - 33891 of 2018 Petitioner :- Savitri And 5 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ramesh Chandra Agrahari Counsel for Respondent :- G.A.,Umesh Kumar Dubey Hon'ble Bala Krishna Narayana,J. Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the petitioners, learned AGA for the respondent nos. 1 and 2 and Sri Umesh Kumar Dubey, learned counsel appearing for the respondent no.3.
It is submitted by the learned counsel for the petitioners that the petitioner nos.1 and 2 are bonafide purchasers and petitioner nos.3 and 4 are the witnesses of the sale deed dated 29.05.2018 and petitioner nos.5, 6 and 7 are also witnesses of the sale deed dated 26.05.2018. Learned counsel for the petitioners 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.
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 petitioners 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 petitioners.
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 petitioners shall not be arrested till the submission of police report under section 173(2) Cr.P.C. subject to their extending full co-operation during investigation.
With the aforesaid direction, this petition is finally disposed of.
Order Date :- 27.11.2018 SKD