Dismissed

Ashutosh Yadav and Another v. State of U.P. and 2 Others

Allahabad HC16 Jun 2020CRLP/5499/2020

Case brief

AI extract

What is this about?

The High Court disposed of a criminal miscellaneous writ petition challenging the quashing of an FIR. While noting the civil nature of the underlying dispute, the Court rejected quashing the FIR due to substantive allegations of fraud. Instead, it granted relief by staying the arrest of the petitioners pending the submission of the investigation report under Section 173(2) Cr.P.C.

What did the court decide?

Arrest of petitioners stayed pending submission of report under Section 173(2) Cr.P.C. subject to cooperation in investigation.

Ashutosh Yadav and Another Vs State of U.P. and 2 Others — Quashing and FIR | Allahabad HC (2020)

¶1

Court No. - 50

¶2

Case :- CRIMINAL MISC. WRIT PETITION No. - 5499 of 2020

¶3

Petitioner :- Ashutosh Yadav And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Satyendra Narayan Singh,Pankaj Kumar Mishra Counsel for Respondent :- G.A.

¶4

Hon'ble Bachchoo Lal,J. Hon'ble Ram Krishna Gautam,J.

¶5

This petition, under Article 226 of the Constitution of India, has been filed by the petitioners with a prayer for issuing a writ of certiorari, thereby quashing the First Information Report, lodged against the petitioners on 14.03.2020 as Case Crime No.168 of 2020, under Sections 420, 467, 468, 471 I.P.C., Police Station Civil Lines, District Etawah.

¶6

Learned counsel for the petitioners argued that a civil suit for cancellation of sale deed, alleged to be executed in favour of Shashi Prabha, wife of respondent no. 3, is pending before civil court, wherein informant has put his appearance and issues have been framed. The case is at the stage of final hearing. Thereafter, a complaint was filed for the same alleged offence by petitioners and as a counter blast this First Information Report was got lodged. Hence, this be set aside.

¶7

Learned A.G.A. has vehemently opposed the aforesaid prayer with this contention that present accusation is of fraud and manufacturing of forged and fictitious sale deed, under the misstatement of execution of same for a plot at Arazi No. 117, which was not owned by the petitioners. They have cheated informant, who is an army personnel and has paid Rs. 8 to 10 lacs for above plot, but he could not have possession over the same. He was cheated by way of executing a forged and fictitious sale deed under the garb of plot no. 117, mentioning plot no. 14, which too was sold subsequently to someone else and thereupon a civil suit was got filed for cancellation of above sale deed. It was with a view to indulge informant in civil litigation and to usurp his sale consideration, paid by his earning. No indulgence is required by this Court.

¶8

Having heard learned counsel for both sides, it is apparent that there is substance in the First Information Report, requiring investigation and this Court need not to give any indulgence by way of quashing the First Information Report. However, matter

¶9

seems to be of civil nature, involving a sale deed with accusation of criminal intent and forgery. Hence, under above facts and circumstances, it will be appropriate to give relief for no arrest of petitioners Ashutosh Yadav and Yogesh Yadav, till submission of report by Investigating Officer under Section 173(2) Cr.P.C. subject to condition that petitioners will cooperate in investigation. They will no interfere with evidence and they will appear as and when asked by the Investigating Officer concerned or upon submission of charge sheet / police report before Magistrate concerned.

¶10

Accordingly, this writ petition is finally disposed of .

¶11

Order Date :- 16.6.2020 NS

Ashutosh Yadav and Another v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

Ashutosh Yadav and Another v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Rachna Vs State of U P and 3 Others

Siraj Alias Mahmuwar Rahman and 4 Others Vs State of U.P. and 3 Others

Mujahid Vs State of U P and 3 Others