Court No. - 24 Case :- MISC. BENCH No. - 7469 of 2010 Petitioner :- Ram Narayan Verma S/O Daya Ram Verma Respondent :- State Of U.P. Thru Principal Secretary Home & Ors. Petitioner Counsel :- Sooraj Lal Verma Respondent Counsel :- G.A. Hon'ble Rajiv Sharma,J.
Hon’ble Raj Mani Chauhan,J.
Supplementary affidavit filed today be taken on record.
Heard learned Counsel for the petitioner and learned Additional Government
Advocate.
Under challenge in this writ petition is First Information Report relating to Case Crime
No. 286 of 2008 under Sections 419/420/467/468 IPC of police station Kotwali
Chhapiya, district Gonda as contained in Annexure No. 1 to the writ petition.
Submission of learned counsel for the petitioner is that the allegations in the FIR that
the Suit for cancellation of sale deed was decreed vide order dated 19.9.2000, is
palpably wrong whereas the correct fact is that after restoration of the Suit vide order
24.10.2003, it ultimately was dismissed on 28.8.2009, and the same attained finality.
Thus, the allegations in the FIR on the face of it are wrong and the FIR deserves to
be quashed.
Learned A.G.A. has opposed the petition.
We have gone through the contents of the First Information Report, which disclose
commission of cognizable offence and as such the same cannot be quashed.
However, keeping in view of the facts and circumstances of the case, the writ petition
is disposed of finally with a direction that the petitioner will not be arrested in
aforesaid case crime number until credible and cogent evidence is collected against
him, subject to his cooperation in the investigation which will go on.
Order Date :- 11.8.2010
Ajit/-