Anuj vs State Of U.P. Thru Secy. And 2 ...
2015 Latest Caselaw 2607 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 10
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 23241 of 2015
 

 
Petitioner :- Anuj
 
Respondent :- State Of U.P. Thru Secy. And 2 Others
 
Counsel for Petitioner :- Narsingh Pandey
 
Counsel for Respondent :- Govt.Advocate
 

 
Hon'ble Arun Tandon,J.

Hon'ble Ashwani Kumar Mishra,J.

Supplementary affidavit and Vakalatnama filed today are taken on record.

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

Petitioner seeks quashing of the F.I.R. dated 6.8.2015 being Case Crime No. 402 of 2015, under Sections 420, 467, 468, 471, 504, 506 I.P.C., Police Station Kotwali Sambhal, District Sambhal.

It is stated that the facts as stated in the first information report discloses a civil wrong instead of criminal offence. The dispute is with regard to the share of the parties in the immovable property. 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.