Court No. - 37 Case :- CRIMINAL MISC. WRIT PETITION No. - 11089 of 2010 Petitioner :- Devi Singh & Others Respondent :- State Of U.P. & Others Petitioner Counsel :- V.P. Gupta Respondent Counsel :- Govt. Advocate Hon'ble Ashok Bhushan,J.
Hon’ble Yogesh Chandra Gupta,J.
The learned counsel for the petitioner is permitted to delete
petitioners No. 2 and 3 from the array of the parties.
The petition is confined to petitioner No. 1 only.
Heard learned counsel for the petitioner, Sri Arun Kumar Singh,
learned counsel for the complainant and the learned AGA for the
State.
By means of this writ petition, the petitioner prayed for quashing
of FIR dated 4.6.2010 in Case Crime No. 1369 of 2010, under
Sections 420, 467, 468, 471, 504 and 506 IPC, Police station
Kotwali Nagar, District J.P.Nagar.
Learned counsel for the petitioner contends that the writ petition
filed by Manju & others being Crl. Misc. Writ Petition No. 10702
of 2010 has been entertained and disposed of on 18.6.2010
providing that till submission of report under Section 173 (2)
Cr.P.C., the petitioners shall not be arrested. In the present case the
complainant’s case is that the petitioner executed a registered
agreement in favour of Manju and in the next month executed a
sale-deed. Perusal of the FIR prima-facie discloses the commission
of offence and we do not find it to be a fit case for interference
under writ jurisdiction under Article 226 of the Constitution of
India. In so far as Manju and others are concerned they were
subsequent purchasers and their case does not stand at similar
footing to that of the petitioner who alleged to have executed the
agreement and thereafter a sale-deed. However, it is open to the
petitioner to surrender before the court below within two weeks
from today and applies for bail, the same shall be considered in
view of observations of the Apex Court in the case of Lal
Kamlendra Pratap Singh Vs. State of U.P. & others- 2009 (2)
S.C.C. (Crl.) 330.
In view of the aforesaid, the writ petition is disposed of.
Order Date :- 29.6.2010
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