Ashraf Khan vs State Of U.P. And 3 Others
2015 Latest Caselaw 5696 ALL

Citation : 2015 Latest Caselaw 5696 ALL
Judgement Date : 23 December, 2015

Allahabad High Court

Ashraf Khan vs State Of U.P. And 3 Others on 23 December, 2015

Bench: Bala Krishna Narayana, Naheed Ara Moonis




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 40
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 30316 of 2015
 

 
Petitioner :- Ashraf Khan
 
Respondent :- State Of U.P. And 3 Others
 
Counsel for Petitioner :- Ghanendra Singh Chauhan
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Bala Krishna Narayana,J.

Hon'ble Naheed Ara Moonis,J.

Heard learned counsel for the petitioner and learned A.G.A. for the State.

It is submitted by the learned counsel for the petitioner that the respondent no.4 Prasadi Lal and his two brothers, namely, Bhagwan Das and Kundan Lal, who were recorded tenure holders of disputed property, had transferred the disputed property to the petitioner by a registered sale deed dated 8.1.2010 on the basis of which the name of the petitioner was mutated in the revenue record on 20.4.2011. Thereafter he sold the disputed property to different persons. The impugned F.I.R. has been lodged by respondent no.4 containing absolutely false, concocted and vague allegations alleging therein that the disputed property had been transferred by the petitioner to a third party as an agent of respondent no.4 and he has failed to pay off sale consideration and received by him from the purchasers to the respondent no.3. It is further submitted that apart from bald allegations made in the F.I.R. against the petitioner, there is no evidence on record even prima facie indicating at the complicity of the petitioner in the commission of the alleged offences, hence the impugned F.I.R. is liable to be quashed.

The submissions made by learned counsel for the petitioner, prima facie, appear to be correct. The matter requires consideration.

Learned A.G.A has accepted notice on behalf of opposite party nos.1, 2 and 3. He prays for and is allowed six weeks' time to file counter affidavit.

Issue notice to opposite party no. 4, who may also file counter affidavit within the same period.

Rejoinder affidavit may be filed within two weeks thereafter.

List this matter immediately after eight weeks before the appropriate Court.

Till the next date of listing or till the submission of police report under section 173(2) Cr.P.C, whichever is later, the petitioners shall not be arrested pursuant to impugned FIR dated 12.12.2015 registered as Case Crime no.2482 of 2015, under sections 406, 420, 506 I.P.C., Police Station Kotwali Lalitpur, District Lalitpur.

Order Date :- 23.12.2015