Court No. 20
Writ Petition No. 6685 (M/B) of 2010
Sunil Kumar Khare Petitioner
Vs
State of U.P and others Opp. Parties
Hon'ble Raj Mani Chauhan, J.
Hon’ble Virendra Kumar DIXIT,J.
Sri Shiva Kant Tiwari, Advocate files Vakalatnama on behalf of the
petitioner, which is taken on record.
Heard learned counsel for the petitioner and learned A.G.A. as well as
perused the documents available on record.
This petition under Article 226 of the Constitution of India has been filed
by the petitioner for quashing the impugned FIR dated 25.06.2010 registered at
case crime 532 of 2010, under Sections 420, 406 I.P.C., Police Station Ghazipur,
District Lucknow and also for direction to the opposite parties No. 1, 2 and 3 not
to arrest and harass the petitioner in pursuance to the said impugned FIR.
The submission of learned counsel for the petitioner is that the petitioner is
practising Advocate. The complainant-opposite party No. 4 Raja Ram executed a
sale deed in favour of sister of petitioner who is in possession of the transferred
plot. Subsequently, there had been dispute between them. Consequently, sister of
the petitioner has filed a suit which was decreed by the civil court. The
complainant has lodged frivolous FIR against the petitioner and others on account
of civil suit. The impugned FIR was challenged by the petitioner in W.P. No.
3496 (M/B) of 2008 in which this Court was pleased to stay the arrest of the
petitioner. The complainant again lodged the FIR with the same allegation just to
harass the petitioner. Therefore, the petitioner deserves protection during
investigation.
Considered the submissions of learned counsel for the petitioner and
learned A.G.A.
Issue notice to opposite party Nos. 4 and 5 to file counter affidavit within
four weeks. Rejoinder affidavit may be filed within two weeks thereafter.
List thereafter.
Till the next date of listing or till filing of charge sheet, which ever is
earlier, the petitioner shall not be arrested by the Investigating Officer in the
aforesaid case crime number subject to his cooperation in the investigation which
will go on.
19.07.2010
Renu/-