Court No. - 33
Case :- CRIMINAL MISC. WRIT PETITION No. - 4432 of 2019 Petitioner :- Shiv Babu Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ajay Sengar Counsel for Respondent :- G.A.,Jayendra Jauhari
Hon'ble Manoj Misra,J. Hon'ble Vivek Varma,J.
Supplementary affidavit filed today is taken on record.
Heard learned counsel for the petitioner, learned A.G.A. for the respondents No. 1 and 2, Sri Jayendra Jauhari, learned counsel for the respondent no. 3 and perused the record.
The instant petition seeks quashing of the first information report dated 21.1.2019 registered as Case Crime No. 0041 of 2019, under Sections 395 and 397 IPC, P.S. Cantt, District Prayagraj.
The allegations made in the First Information Report is to the effect that the informant had acquired a piece of property on the basis of registered agreement for sale and when he was raising constructions, the accused party intervened and assaulted the informant side and also took away cash etc.
The learned counsel for the petitioner has submitted that the allegations are absolutely false and in fact the registered agreement for sale in favour of the respondent no. 3 confers no title inasmuch as the petitioner is co-sharer of the land and there was no partition and an order has also been passed by the competent authority directing the parties to maintain the status- quo and, therefore, the informant side had no right to raise constructions.
Be that as it may, as the allegations made in the First Information Report disclose commission of cognizable offence, the prayer to quash the First Information Report cannot be accepted.
However, looking to the facts and circumstances of the case as also the claim that status quo order is operative, we deem it appropriate to dispose off this petition by providing that investigation of the above case shall continue and be brought to its logical conclusion but, subject to cooperation of the petitioner in the investigation, he shall not be arrested in the aforesaid case till submission of police report under Section 173(2) Cr.P.C.
The petition is disposed off.
Order Date :- 25.2.2019 Md Faisal