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Allahabad High Court · body

2015 DIGILAW 2027 (ALL)

Maneesh Nishad v. State of U. P. Thru Secy.

2015-07-21

BALA KRISHNA NARAYANA, VIPIN SINHA

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JUDGMENT Heard learned counsel for the petitioners and learned A.G.A. 2. This petition has been filed by the petitioners with a prayer to quash the FIR of case crime No. 65 of 2015, under sections 420, 467, 468, 471 and 506 I.P.C., P.S. Kotwali, District Kanpur Nagar. 3. Interim order passed by this Court in this case on 30.4.2015 is being reproduced herein below: "Heard learned counsel for the petitioners. The petitioners contend that they are bona fide purchasers under a valid sale deed after due consideration was settled and was passed on through cheques. Learned counsel for the petitioners submits that the vendors have now turned dishonest and are demanding a higher price for which there is no justification. Issue notice to the respondent no.3 returnable at an early date. Learned AGA has accepted notice for the respondent nos.1 and 2. In view of the submissions so raised, the matter can be disposed of after exchange of affidavits. All the respondents may file counter affidavit within three weeks. List after expiry of the aforesaid period. Keeping in view the nature of dispute, we provide that the petitioners in the meantime shall not be arrested or subjected to any coercive steps in Case Crime No.65 of 2015, under Sections 420, 467, 468, 471, 506 I.P.C., Police Station Kotwali, District Kanpur Nagar, till the submission of police report under Section 173(2) Cr.P.C" 5. From the perusal of the FIR it appears that on the basis of allegation made therein the prima facie cognizable offence is made out. There is no scope of interfering in the FIR. Therefore, the prayer for quashing the FIR is refused. 6. However, considering the interim order dated 30.4.2015 by which the arrest of the petitioners have been stayed till the submission of the police report or credible evidence is collected, it is directed that in case the investigation of the above mentioned case is pending, the petitioners shall not be arrested till the submission of police report under section 173(2) Cr.P.C. With the aforesaid direction, writ petition is finally disposed of.