Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 24006 of 2019 Petitioner :- Tutun Chanhan And 5 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Akhilesh Kumar,Arun Kumar Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J.
Hon'ble Virendra Kumar Srivastava,J.
Heard learned counsel for the petitioners; learned A.G.A. for the respondents 1, 2 and 3; and perused the record.
The instant petition seeks quashing of the first information report dated 25.07.2019 registered as Case Crime No.427 of 2019, under Sections 419, 420, 467, 468, 471, 504, 506 IPC, P.S. Rohaniya, District Varanasi.
The allegation is that sale was made without title.
The contention of the learned counsel for the petitioner is that whether the accused had right to sell or not gives rights to a civil dispute whereas the sale deed is of property falling in the share of the vendor. Moreover, no false document within the meaning of Section 464 IPC has come into existence.
Learned A.G.A. has pointed out that there other allegations also. Hence, the prayer of the petitioners to quash the first information report cannot be accepted.
Considering the rival submissions, we deem it appropriate to dispose off this petition by providing that the investigation of the case shall continue and brought to its logical conclusion but, subject to their cooperation in the investigation, the petitioners shall not be arrested in the aforesaid case till submission of police report under Section 173(2) Cr.P.C.
Order Date :- 26.11.2019 AKShukla/-