Court No. - 20 Case :- MISC. BENCH No. - 6432 of 2010 Petitioner :- Smt. Rama Devi & Anr. Respondent :- State Of U.P., Thru. Prin. Secy.,Home & Others Petitioner Counsel :- Shishir Pradhan Respondent Counsel :- G.A. Hon'ble Raj Mani Chauhan,J.
Hon’ble Virendra Kumar DIXIT,J.
Learned counsel for the petitioners requests and is allowed to make correction
in the crime number of the petition.
Heard learned counsel for the petitioners, learned A.G.A. and perused the
F.I.R.
The submission of the learned counsel for the petitioner is that as per version
of the First Information Report Sriram, the father of Jagdish had died on
01.12.1983. The petitioners on 28.06.1984 got a sale deed executed from third
person showing himself to be Sriram while Sriram had already died. Learned
counsel submits that there were litigation between the parties before
Revenue’s Court as well as Commissioner’s Court where Jagdish and the
petitioners had filed a compromise in which Jagdish had admitted that Sriram
had died on 08.08.1984 i.e. after execution of the so called forged sale deed.
Jagdish has also admitted that the sale deed was actually executed by his
father Sriram. In this way no offence is made out against the petitioners.
Therefore the accused deserves some interim protection during the
investigation.
Learned A.G.A. has opposed it.
Considered the submission of the learned counsel for the petitioner, the
learned A.G.A., keeping in view the facts and circumstances of the case as
well as the allegation of the complainant in the F.I.R. which discloses
commission of cognizable offence, the writ petition is finally disposed of with
the observation that till any credible and cogent evidence is collected against
the petitioners or filing of the charge-sheet/police report under Section 173
Cr.P.C., whichever is earlier, the petitioners (Smt. Rama Devi and Raj
Kumar) will not be arrested by the Investigating Officer in Case Crime
No.1175 of 2009, under Sections 420, 467, 468, 471 I.P.C., Police Station
Biswan, District Sitapur subject to their cooperation in the investigation which
will go on.
Order Date :- 12.7.2010
PAL