Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 25907 of 2019 Petitioner :- Yogendra Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ramesh Kumar Sahu Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J. Hon'ble Gautam Chowdhary,J.
Heard learned counsel for the petitioner; learned A.G.A. for the respondents 1 and 2; and perused the record.
The instant petition seeks quashing of the first information report dated 17.11.2019 registered as Case Crime No.394 of 2019, under Sections 420, 467, 468, 471 and 506 I.P.C.
P.S. Achhnera District Agra.
The allegations in the impugned first information report is that Late Rameshwar Singh had executed sale deed in favour of the informant (respondent no.3) in the year 2012 and had taken money for the same and at that time his son, namely, the petitioner was present and had counted and kept the money whereas, later, it was discovered that prior to execution of the said sale deed he had already executed sale deed in the year 2011.
It has been submitted that there can be no vicarious liability in criminal law and if the father had cheated the informant, as alleged, the petitioner cannot be held liable.
Be that as it may, as it is alleged in the first information report that the petitioner had been active in the execution of the sale deed and had also collected money, it would have to be ascertained on the basis of material collected during the course of investigation whether the petitioner had any involvement in the crime or not therefore the prayer of the petitioner to quash the first information report cannot be accepted.
However, considering the facts of the case, we deem it appropriate to dispose of the petition by providing that the investigation of the above case shall continue and brought to its logical conclusion but the petitioner shall not be arrested till submission of police report under Section 173 (2) CrPC, provided he co-operates in the investigation.
Order Date :- 19.12.2019. Rks.