Mukesh Yadav vs State Of U.P. Thru Secy. And 2 ...
2015 Latest Caselaw 2592 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 10
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 23235 of 2015
 

 
Petitioner :- Mukesh Yadav
 
Respondent :- State Of U.P. Thru Secy. And 2 Others
 
Counsel for Petitioner :- R.B. Singh
 
Counsel for Respondent :- Govt.Advocate
 

 
Hon'ble Arun Tandon,J.

Hon'ble Ashwani Kumar Mishra,J.

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

Petitioner seeks quashing of the F.I.R. dated 12.8.2015 being Case Crime No. 374 of 2015, under Sections 420, 467, 468, 471, 120B, 406 and 506 I.P.C., Police Station Bisrakh, District Gautam Budh Nagar.

It is stated that the facts as stated in the first information report discloses a civil wrong instead of criminal offence. Even otherwise the informant can seek cancellation of the sale deed. It is further submitted that the petitioner has been falsely implicated in the First Information Report.

We have examined the First Information Report. It does disclose a cognizable offence. 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 petitioner 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 :- 23.9.2015

Ashish Pd.