Court No. - 25 Case :- MISC. BENCH No. - 2927 of 2010 Petitioner :- Bindeshwari Singh, S/O-Kripal Singh & Others Respondent :- State Of U.P.,Thru. Secretary, Home & Others Petitioner Counsel :- K.N. Mishra Respondent Counsel :- G.A. Hon'ble Abdul Mateen,J.
Hon’ble Vedpal,J.
Heard learned counsel for the petitioners and learned Additional Government
Advocate.
Under challenge in the instant writ petition is FIR relating to Case Crime No.
121 of 2010, under Sections 419, 420, 467, 468 & 471 IPC, police station
Kotwali Colonelganj, district Gonda.
We have gone through the contents of the FIR, which has been lodged by
respondent No. 4, who happens to be son of Kripal Singh. Allegations levelled
against the petitioners are to the effect that while Kripal Singh was
unconscious, the petitioners got a sale-deed executed with respect to
agricultural land in their favour vide Annexure-4 to the petition. A suit for
cancellation of the sale-deed has been filed by respondent No. 4 wherein
nowhere it has been mentioned that the sale-deed was got executed after the
death of Kripal Singh, father of respondent No. 4, rather it has been stated that
the sale-deed was got executed by Kripal Singh while he was unconscious
(vide Annexure-4).
Submission of learned counsel for the petitioners is that it has been pleaded in
the suit for cancellation of sale-deed filed by respondent No. 4 that Kripal
Singh had got no right for sale of the agricultural land since it was an ancestral
property, as such, further argument advanced by learned counsel for the
petitioners is that matter with respect to cancellation of the sale-deed is
pending before the courts below and the FIR is an outcome of vengeance and
has been lodged in colourable exercise of criminal nature and, as such, the FIR
is liable to be quashed.
We find substance in the argument advanced by the learned counsel for the
petitioners.
Accordingly, we direct for issuing of notice to respondent No. 4, returnable at
an early date.
Respective opposite parties may file their counter affidavit within six weeks.
Rejoinder affidavit, if any, may be filed by the petitioners within next two
weeks.
List after expiry of aforesaid period.
It is hereby provided that the petitioners shall not be arrested in the aforesaid
case crime number till the next date of listing or till submission of charge-
sheet, whichever is earlier, provided they cooperate with the investigation,
which shall go on.
Order Date :- 2.4.2010
Pradeep/-