Court No.

- 43

Case :- CRIMINAL MISC. WRIT PETITION No. - 7664 of 2024

Petitioner :- Pintu Saini

Respondent :- State Of U.P. And 2 Others
Counsel for Petitioner :- Mata Pher
Counsel for Respondent :- G.A.

Hon'ble Siddhartha Varma,J.

Hon'ble Vinod Diwakar,J.
1. Sri Om Prakash, Advocate has filed his Vakalatnama on behalf
of the respondent No.3. It may be kept on record.

2. Heard learned counsel for the petitioner and Sri Om Prakash,

learned counsel for the respondent No.3 and the learned AGA for
the State.

3. Present writ petition has been preferred for quashing the First
Information Report dated 21.04.2023 being Case Crime No.0144
of 2023, under Sections 420, 467, 468, 448, 379 of IPC, Police
Station -Govind Nagar, District - Mathura.
4. The contention of the learned counsel for the petitioner is with
regard to the two plots mentioned in the FIR, vis-à-vis Plot No.
614, civil suit No. 1184 of 2023 had been filed by one Mukesh
against the petitioner, Pintu Saini, and his father, Shiv Ram Saini.
So far as plot No. 610 is concerned, the learned counsel for the
petitioner drew the attention of the court to page 33, which
contains the khatauni and has an entry of the name of the
petitioner's grandfather, Natthi Lal. He submits that FIR had been
lodged to give the colour of criminality to a purely civil case.

5. Matters requires consideration.

6. Learned AGA appears for respondent nos.1 and 2. Respondent

 No.3 is represented by the Sri Om Prakash, Advocate.

7. Respondents No. 1, 2 & 3 may file their counter affidavits

within a period of three weeks. Rejoinder affidavit, if any, may be
filed within two weeks thereafter.

8. List thereafter.

9. Till the next date of listing or till the submission of report under
Section 173(2) Cr.P.C. whichever is earlier, no coercive action
shall be taken against the petitioner in the aforesaid case.

10. When the case is listed next the name of Sri Om Prakash,
Advocate shall be shown in the cause list as counsel for the
respondent No.3.

Order Date :- 13.5.2024

vkj

Digitally signed by :-
VIJAY KRISHNA JAISWAL
High Court of Judicature at Allahabad