Court No. - 43
Case :- CRIMINAL MISC. WRIT PETITION No. - 37613 of 2018 Petitioner :- Virendra Pal Singh Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Veerendra Kumar Shukla,Ramendra Pal Singh Counsel for Respondent :- G.A.
Hon'ble Pankaj Naqvi,J. Hon'ble Rajendra Kumar-IV,J.
Heard Shri Veerendra Kumar Shukla, learned counsel for the petitioners and the learned A.G.A.
This writ petition has been filed by the petitioners to issue a writ, order or direction in the nature of certiorari quashing the impugned FIR dated 1.9.2018 registered as Case Crime No.0485 of 2018 under sections 420,465 I.P.C, P.S. Chandausi District Sambhal (Bheem Nagar).
It is submitted that petitioner is a Lekhpal, mutation was effected by him in favour of sons of first wife of one Ismail, respondent no.4 is the alleged second wife of Ismail, proceedings are pending before Tehsildar.
Per contra learned A.G.A, submitted that from the perusal of the impugned F.I.R, and on the basis of the allegations made therein, it cannot be said that no cognizable offence is disclosed against the petitioner.
After having heard learned counsel for the parties and perusing the impugned F.I.R, we are not inclined to quash the same.
However, considering the peculiar facts and circumstances of the case, we direct that investigation of the aforesaid case shall go on but the petitioner shall not be arrested till the submission of police report under Section 173(2) Cr.P.C, subject to their extending full co- operation during investigation.
With the aforesaid direction, this petition is finally disposed of.
Order Date :- 20.12.2018 RS