Mamta Devi Vs State of U.P. and 2 Others

Court No. - 43

Case :- CRIMINAL MISC. WRIT PETITION No. - 4797 of 2019

Petitioner :- Mamta Devi Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Narayan Singh(Kushwaha) Counsel for Respondent :- G.A.

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Hon'ble Pankaj Naqvi,J. Hon'ble Umesh Kumar,J.

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Heard Sri Narayan Singh (Kushwaha), learned counsel for the petitioner and the learned A.G.A.

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This writ petition has been filed, seeking a writ of mandamus, directing the respondent concerned, not to arrest the petitioner, with a further prayer for quashing the impugned FIR dated 25.1.2019 registered as Case Crime No.45/2019, under Sections 420/467/468/471/504/506 IPC, P.S. Ali Nagar, Chandauli.

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It is submitted by learned counsel for the petitioner that the allegations levelled against the petitioner are malafidely motivated as she is only the purchaser of the remaining area of plot no.512, measuring 60.71 sq. mtr. through a registered sale deed executed by Priyanshi Devi on 21.11.2013 whereas informant is the purchaser of area measuring 63.19 sq. mtr. from the same plot, dispute, if any, is civil in nature, criminality is deliberately assigned for ulterior motives, FIR is liable to be quashed.

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Per contra, the learned A.G.A has opposed the submission.

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After having heard learned counsel for the parties and perusing the impugned FIR as well as the other material brought on record, it cannot be said that prima facie no offence is made out against the petitioners. Therefore, the prayer for quashing the FIR is refused.

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However, we dispose of this writ petition with the direction that investigation of the aforesaid case shall go on but the petitioner shall not be arrested in the aforesaid case till the submission of police report under Section 173(2) Cr.P.C., subject to his cooperation during investigation.

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With this direction, this petition is finally disposed of.

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Order Date :- 21.2.2019 Chandra

Mamta Devi v. State of U.P. and 2 Others

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Mamta Devi v. State of U.P. and 2 Others

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