Allahabad High Court
Umesh Chandra Agrawal @ Vishnu And ... vs State Of U.P. And 2 Others on 20 February, 2020
Bench: Manoj Misra, Deepak Verma
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 47 Case :- CRIMINAL MISC. WRIT PETITION No. - 3095 of 2020 Petitioner :- Umesh Chandra Agrawal @ Vishnu And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sanjeev Kumar Khare Counsel for Respondent :- G.A.,Namit Srivastava Hon'ble Manoj Misra,J.
Hon'ble Deepak Verma,J.
Heard learned counsel for the petitioners; learned A.G.A. for the respondents 1 & 2; Sri Parvej Alam, learned counsel for the respondent no.3; and perused the record.
The instant petition seeks quashing of the First Information Report dated 24.12.2019 registered as Case Crime No.0190 of 2019, under Sections 323, 504, 506, 406, 420, 467, 468, 471 & 120-B I.P.C., P.S. Chhatta, District Agra.
The contention of the learned counsel for the petitioners is that although it is alleged in the first information report that a false and fabricated will of late Mohan Lal was set up by Omwati Devi but the fact is that Omwati Devi is sister of Mohan Lal, who died without any issue and was not even married and, therefore, he had executed will in favour of his sister and there is a property dispute between the parties and the informant happens to be sister of Omwati Devi, whose sons are the petitioners. It has been submitted that a pure civil dispute between the parties has been given colour of a criminal case to extract a favourable settlement.
Be that as it may, as the allegations are that the will has been fabricated, the matter would have to be investigated and, therefore, on the grounds taken, the prayer of the petitioners to quash the first information report cannot be accepted.
However, considering the relationship between the parties as also that late Mohan Lal was unmarried and had no issue and the legatee is the real sister of Mohan Lal (testator), and the informant is also sister of the legatee, we deem it appropriate to dispose off the petition by providing that investigation of the case shall continue and brought to its logical conclusion but the petitioners shall not be arrested till submission of police report under section 173 (2) Cr.P.C. provided they cooperate in the investigation.
However, it is made clear that the petitioners shall submit themselves for interrogation as also provide specimen signature as and when required by the investigating agency. Non-cooperation in this regard shall automatically discharge the protection above.
Order Date :- 20.2.2020 SKD