Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 1474 of 2019 Petitioner :- Shatrughan Singh And 3 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ram Surat Patel Counsel for Respondent :- G.A.,Jaswant Rai
Hon'ble Ram Surat Ram (Maurya),J. Hon'ble Anil Kumar-IX,J.
Heard Sri Ram Surat Patel, for the petitioners and Sri Jaswant Rai for the respondent-4.
The writ petition has been filed for quashing the F.I.R. dated 07.01.2019, registered as Case Crime No.07 of 2019, under Sections 420, 467, 468, 471 I.P.C., P.S. Kotwali Konch, district Jalaun.
In substance in the F.I.R. the allegation has been made that plot no.16, area 3.047 hectare situated at village Topor, pargana and tehsil Konch, district Jalaun belonged to the first informant. The accused fraudulently got the land in dispute recorded in the name of Mohit Kumar son of the first informant and from him they obtained sale deed dated 20.01.2014. When the transferees filed an application for mutation of their names over the land in dispute then the informant came to know about this fraudulent deal.
The counsel for the petitioners submits that valuable consideration of the land in dispute was paid by petitioner-. Petitioner-2 is his wife and petitioners-3 and 4 are witnesses of the sale deed. Whatever fabrication was made, it was made by Mohit Kumar, son of the first informant. The sale deed was a conditional sale deed and money was taken at the time of sale deed was to be returned within two years which was not returned. Now, the informant has filed a suit for cancellation of sale deed.
In the fact of the case the writ petition is disposed of with the direction that the petitioners shall not be arrested in Case Crime No.07 of 2019, under Sections 420, 467, 468, 471 I.P.C. P.S. Kotwali Konch, district Jalaun, till submission of police report under Section 173 (2) Cr.P.C. The police shall try to conclude the investigation as early as possible, preferably within a period of three months. The petitioners shall cooperate in the investigation.
Order Date :- 21.1.2019 mt