Hon'ble Mrs. Saroj Yadav,J.
Heard Sri Ram Prakash Singh, learned counsel for the petitioners, Sri Arun Kumar Pandey, learned A.G.A. for the State respondents and perused the impugned F.I.R. as well as material brought on record.
This writ petition has been filed by the petitioners- Smt. Vinay Singh, Ram Pratap Bhan Singh, Amar Kumar, Vivek Kumar, seeking a writ of certioari to quash the impugned F.I.R. dated 26.01.2021 lodged by respondent no.4 registered as F.I.R. No.0024 of 2021, under Sections 419, 420, 467, 468, 471 I.P.C., Police Station Tarabganj, District Gonda and also issue a writ of mandamus commanding the respondents, not to harass the petitioners in pursuance of the impugned F.I.R.
It has been argued by learned counsel for petitioners that father of the petitioner No.4 (Ram Ujer Singh) has executed a sale deed in favour of the respondent no.4 on 03.04.2008, a copy of sale deed dated 03.04.2008 is annexed as Annexure No.3 to the writ petition. After the death of Ram Ujer Singh, his son, petitioner no.4 has executed two sale deeds in favour of the petitioner no.1 on 24.12.2020, copies of both sale deed are annexed as Annexure No.4 to the writ petition. He further submits that petitioner nos.2 and 3 are the marginal witnesses of the said sale deed. He further submits that there appears to be some boundary dispute between the parties on account of which, the impugned F.I.R. has been lodged by private respondent with malafide intention. He further submits that petitioner no.4 has filed injunction suit against the private respondent and others before the Civil Court on 23.10.2019 bearing regular suit no.2894 of 2019, a copy of the same is annexed as Annexure No.5 to the writ petition. He further submits that earlier on 06.01.2021, respondent no.4 had moved an application under Section 156(3) Cr.P.C. on 06.01.2021 before Judicial Magistrate 2nd, Gonda against 16 accused persons including petitioners, which was treated as a complaint case vide order dated 22.01.2021, copies of complaint and order dated 22.01.2021 are annexed as Annexure Nos.7 & 8 to the writ petition. He next argued that dispute between the parties is purely civil in nature. The allegations levelled against the petitioners are absolutely false, frivolous and baseless. No offence is made out against the petitioners, hence, the impugned F.I.R. is liable to be quashed.
Learned A.G.A., on the other hand, opposed the prayer for quashing of the F.I.R. and submitted that the petitioners are named in the F.I.R. He further submits that specific allegation of getting the sale deed executed in favour of petitioner of no.1 by petitioner no.4 of some boundary of complainant's land on the basis of forged document against the petitioners. He further submits that the impugned F.I.R. discloses a cognizable offence against the petitioners, and therefore, the present writ petition is liable to be dismissed.
Having examined the submissions advanced by learned counsel for the parties, perusing the impugned F.I.R., which shows that cognizable offence is made out against the petitioners, we are of the opinion that no interference is called for by this Court in its extraordinary power under Article 226 of the Constitution of India for quashing of the F.I.R. or for grant of any interim relief to the petitioners.
The petition lacks merit and is, accordingly, dismissed.
(Saroj Yadav,J.) (Ramesh Sinha,J.) Order Date :- 24.8.2021 Shubhankar