In a criminal miscellaneous writ petition, the court refused to quash an FIR involving cheating and forgery but granted non-arrest of the petitioner until the police file their report, directing cooperation with investigation.
Petitioner not to be arrested till submission of police report under Section 173(2) Cr.P.C.; to cooperate with investigation.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 10
Case :- CRIMINAL MISC. WRIT PETITION No. - 1346 of 2018
Petitioner :- Azhar Khan Respondent :- State Of U.P. Counsel for Petitioner :- Mr Ashok Kumar Singh Bais Counsel for Respondent :- G.A.
Hon'ble Govind Mathur,J. Hon'ble Ashok Kumar,J.
Heard learned counsel for the petitioner and learned AGA for the State.
This petition has been filed by the petitioner with a prayer to quash the F.I.R. dated 4.9.2016 registered as case crime no. 341 of 2016 under sections 420, 467, 468, 471, 120B I.P.C., police station Sadar Bazar, District Saharanpur.
Learned counsel for the petitioner submits that petitioner is bonafide purchaser of the property in question and he is not named in the first information report. He further submits that other co-accused have already filed a civil suit before the competent civil court for cancellation of the sale deed.
Learned A.G.A. opposed the prayer for quashing but could not dispute the aforesaid fact as argued by learned counsel for the petitioner.
From the perusal of the F.I.R. it is clear that prima facie cognizable offence is made out. Therefore, the prayer for quashing the impugned F.I.R. is refused.
However, considering the submissions advanced by learned counsel for the parties and nature of the allegations, it is directed that the petitioner shall not be arrested in above mentioned case, till the submission of the police report under section 173(2) Cr.P.C. but they shall co-operate with the investigation of the case.
With the above direction this petition is finally disposed of.
Order Date :- 24.1.2018 SK Srivastava
(Ashok Kumar,J.) (Govind Mathur,J.)
2 issues framed by the court
Whether the FIR under sections 420, 467, 468, 471, 120B IPC can be quashed given the petitioner is a bonafide purchaser and not named in the FR.
Whether the petitioner should be arrested pending the final disposal of the petition.
1 provisions across 1 enactments
Azhar Khan
State Of U.P.
Govind Mathur
Ashok Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
