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Smt. Yakoot Jahan & Another v. State Of U.P. & Others - CRIMINAL MISC. WRIT PETITION No. - 16521 of 2007 [2007] RD-AH 17181 (30 October 2007)

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).


Hon. Imtiyaz Murtaza, J.

Hon. Ajai Kumar Singh, J.

Heard learned counsel for the petitioners and perused the materials on record.

The relief sought by means of this petition is for quashment of F.I.R. lodged in case crime no. 96 of 2007 under sections 452 and 506 I.P.C. and 7 Criminal Law Amendment Act P.S. Shahganj District Allahabad.

The genesis of action impugned in the present petition is the house bearing Municipal No. 58 A situated in Mohalla Nakhas Kona Shahganj Allahabad which was initially owned by one Mohd. Usman who sold the said house to Smt. Saida Begum who in turn is alleged to have sold off the said house to one Ashok Kumar. Subsequently Ashok Kumar sold off the said house to the petitioners by means of registered sale deed dated 29.10.2001 copy of which is annexed as Annexure no. 3. The criminal prosecution has been launched by respondent no.3 who is the daughter of Smt. Saida aforesaid. It is alleged that the sale deed executed by Ashok Kumar in favour of the petitioners has not been taken in challenge in any court of law unto this date. According to the averments in the writ petition, respondent no. 3 founded her title on a Will executed by her father Tasadduq while the aforesaid Tasadduq, it is averred, is the marginal witness in the sale deed executed in favour of Ashok Kumar Gupta in respect of house in question.

As stated supra, the impugned F.I.R. has been lodged at P.S. Shahganj by Qamar Jahan against the petitioner on 21.6.2007 alleging therein that the petitioners forcibly entered into the house in question at about 12 noon. It is argued by the learned counsel for the petitioners that the present action is nothing but designed to exert pressure on the petitioners besides being gross abuse of the process of the court.

Issue notice to respondent no. 3

Learned A.G.A. prays for and is granted four weeks time to file counter affidavit. Rejoinder affidavit if any may be filed within two weeks next thereafter. List this matter after expiry of the aforesaid period.

Till further orders or till submission of the charge sheet whichever is earlier, the arrest of the petitioners namely, Smt. Yaqoot Jahan and Smt. Reshma Ali, wanted in case crime No. 96 of 2007 under sections 452 and 506 I.P.C. and 7 Criminal Law Amendment Act P.S. Shahganj District Allahabad shall remain stayed of course subject to the postulates that the petitioners shall fully cooperate with the investigating officer and shall appear as and when called upon to do so.





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