Allahabad High Court
Sharad Yadav And 3 Ors. vs State Of U.P. And 2 Ors. on 2 September, 2020
Author: Manoj Misra
Bench: Manoj Misra
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 48 Case :- CRIMINAL MISC. WRIT PETITION No. - 8693 of 2020 Petitioner :- Sharad Yadav And 3 Ors. Respondent :- State Of U.P. And 2 Ors. Counsel for Petitioner :- Manoj Kumar Srivastava Counsel for Respondent :- G.A. Hon'ble Manoj Misra,J.
Hon'ble Anil Kumar-IX,J.
Heard learned counsel for the petitioners; learned A.G.A. for the respondents 1 and 2; and perused the record.
The instant petition seeks quashing of the first information report dated 25.06.2020 registered as Case Crime No.541 of 2020, under Sections 147, 447, 504, 506, 386, 420, 467, 468, 471 IPC, P.S. Kwarsi, District Aligarh.
The contention of the learned counsel for the petitioner is that although the allegations made in the impugned first information report may disclose commission of cognizable offence but the allegations are in respect of dispute relating to immovable property and, therefore, a pure civil dispute has been given colour of a criminal case.
Learned A.G.A. has opposed the prayer by stating that as per the allegations, on the basis of a bogus agreement for sale, the property of the informant was being occupied and illegal constructions were being raised and it is alleged that the accused are land mafia.
We required the learned counsel for the petitioners to disclose whether there is any valid registered transfer document conferring title on the petitioners. In response thereto, the learned counsel for the petitioners could only point out an agreement for sale. As it is well settled that mere agreement for sale does not confer title and we don't find any title document of the person, who allegedly executed agreement for sale, the matter would require investigation.
Under the circumstances, we decline the prayer to quash the first information report.
The petition is dismissed without prejudice to the right of the petitioners to apply for bail/anticipatory bail, as may be advised.
Order Date :- 2.9.2020 AKShukla/-