Allahabad High Court
Lal Ji Yadav And 5 Others vs State Of U.P. And 2 Others on 29 August, 2022
Author: Suneet Kumar
Bench: Suneet Kumar
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 48 Case :- CRIMINAL MISC. WRIT PETITION No. - 10011 of 2022 Petitioner :- Lal Ji Yadav And 5 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Satyam Tiwari,Adya Prasad Tewari Counsel for Respondent :- G.A. Hon'ble Suneet Kumar,J.
Hon'ble Syed Waiz Mian,J.
Heard learned counsel for the petitioners and learned A.G.A. for the State respondents.
This writ petition has been filed with the prayer to quash the First Information Report dated 21.06.2022, registered as Case Crime No. 166 of 2022, under Sections-467, 468, 419, 420, 471, 406, 506 I.P.C., Police Station-Tharwai, District-Prayagraj. Further prayer has been made not to arrest the petitioners in the aforesaid case.
Learned counsel for the petitioners submits that a company, namely Indus Tower Limited, had set up a telecommunication tower on their plot; husband of the complainant instituted a suit impleading the petitioners, as well as, the company alleging that the tower has been installed on his portion of the plot. Defendants/petitioners appeared and filed their written statements, wherein, categorical stand was taken by the first petitioner that he is co-sharer of the property and the lease of the plot has been registered with the company on his portion. It is informed that the said suit came to be dismissed for non prosecution. By means of the instant prosecution, the third respondent, has given criminal colour to a pure civil matter, inter-se, parties after a lapse of 14 years .
Matter requires consideration.
Issue notice to the respondent No.3 returnable at an early date.
Steps be taken within a week by ordinary process as well as by registered post.
All the respondents may file counter affidavit within four weeks. Petitioners shall have two weeks, thereafter, to file rejoinder affidavit.
List after eight weeks.
Considering the facts and circumstances of the case as briefly discussed above, as an interim measure, till the next date of listing the petitioners shall not be arrested pursuant to the impugned First Information Report dated 21.06.2022, provided they cooperate in the investigation.
Order Date :- 29.8.2022 Deepak/