Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 1457 of 2019 Petitioner :- Sheesh Pal And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Rajendra Kumar Misra Counsel for Respondent :- G.A.,Rajeev Kumar Saini
Hon'ble Ram Surat Ram (Maurya),J. Hon'ble Anil Kumar-IX,J.
Heard Sri Rajendra Kumar Misra for the petitioners, Sri Rajeev Kumar Saini for respondent-3 and AGA for State.
The writ petition has been filed for quashing the FIR dated 28.12.2018 registered as Case Crime No. 530 of 2018, under Section 420 IPC, P.S. Sarsawa, Distt. Saharanpur.
In substance of FIR the allegation has been made that the petitioners was owner of Municipal No. 1164/1120 (area 62.26 Sq. Meter) land situated at Mohalla Purvi Bazar Sarsawa, distt. Saharanpur. Respondents got the sale deed procured of the land of the petitioner although in the sale deed they have mentioned plot no. 402 (area 195 Sq. Meter) and on the basis of that sale deed they are trying to take possession over the land of the informant.
The counsel for the petitioners submits that this was purely a civil dispute relating to property and no criminal offence is made out.
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 28.12.2018 registered as Case Crime No. 530 of 2018, under Section 420 IPC, P.S. Sarsawa, Distt. Saharanpur, till submission of police report under Section 173 (2) Cr P C. The writ petition is disposed of.
Order Date :- 21.1.2019 Rahul Dwivedi/-