Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 24155 of 2019 Petitioner :- Vidya Sagar And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Siya Ram Verma,Akansha Verma,Deepak Kumar Verma 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 respondent Nos. 1 to 3 and perused the record.
The instant petition seeks quashing of the impugned First Information Report dated 26.9.2019, registered as Case Crime No. 0097 of 2019, under Sections 419, 420, 467, 468, 471, 427, 504, 506 I.P.C., P.S. -Kaushambi, District- Kaushambi.
The contention of the learned counsel for the petitioner is that according to the allegations in the First Information Report, the sale deed was executed in excess of the share available with the vendor.
It has been submitted that the petitioners are only marginal witnesses of the sale deed and since there is no specific allegation that the sale deed has been executed by an impostor, no case is made out against the petitioner.
Considering that the allegation in the First Information Report is that the vendor has cheated the transferee and the petitioner had been in collusion with the vendor, the matter would have to be investigated and therefore the First Information Report cannot not be quashed.
However, considering the role attributed to the petitioner, we deem it appropriate to dispose off the petition by providing that investigation of the above case shall continue and brought to its logical conclusion but the petitioners shall not be arrested till submission of police report under Section 173(2) Cr.P.C. provided they cooperate in the investigation.
Order Date :- 26.11.2019 SY