Kalim Uallah And Another vs State Of U.P. And 2 Others
2015 Latest Caselaw 2322 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 10
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 21905 of 2015
 

 
Petitioner :- Kalim Uallah And Another
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Petitioner :- Mohammad Asif
 
Counsel for Respondent :- Govt. Advocate
 

 
Hon'ble Arun Tandon,J.

Hon'ble Ashwani Kumar Mishra,J.

Heard learned counsel for the petitioners and the learned A.G.A.

Petitioners seek quashing of the F.I.R. dated 23.8.2013 being Case Crime No. 263 of 2013, under Sections 419, 420, 467, 468, 471, 120-B I.P.C., Police Station Kotwali, District Kanpur Nagar.

It is the case of the petitioners that the sale deed dated 22.2.2012 had been executed by three brothers and now an allegation has been made that the photograph on the same is not that of one of the three brothers. Even otherwise it is stated that the First Information Report discloses a civil dispute rather than a criminal offence.

We have examined the First Information Report. It does disclose a cognizable offncee. No case for quashing of the First Information Report is made out. The prayer in that regard is rejected.

However, in the facts of the case, we provide that the petitioners shall not be arrested in the above mentioned case, till submission of the police report.

With the aforesaid observations/direction, the present writ  petition is finally disposed of. 

Order Date :- 15.9.2015

Ashish Pd.