- (1.) Heard learned counsel for the petitioner, learned counsel for the respondent and the learned A.G.A. for the State.
(2.) This Criminal Misc. Writ Petition No. 18672 of 2011 has been filed by the petitioner Devi Ram Mavi against the respondents with a prayer to issue a writ, order or direction in the nature of certiorari for quashing the F.I.R. dated 12.9.2011 which has been registered as Case Crime No. 617 of 2011 under sections 420, 467, 468 and 471 I.P.C., Police Station Kasna, district Gautam Budh Nagar and issue a writ, order or direction in the nature of mandamus directing the respondents not to arrest the petitioner in pursuance to the aforesaid F.I.R. dated 12.9.2011.
(3.) The facts giving rise to this petition is that in pursuance of an order dated 24.8.2011 passed by learned Chief Judicial Magistrate, Gautam Budh Nagar on an application made under section 156(3) Cr.P.C. the impugned F.I.R. was lodged against the petitioner. According to the said report Raghuvinder Singh respondent no.3 had entered into an agreement to sell with the petitioner of plot no.8 Block Cassia Fistula Sector Chai-4 area 1029 Sq. meter as petitioner has shown himself as owner of the aforesaid plot in question, on the basis of the allotment made by Greater Noida Development Authority. An unregistered agreement to sell deed was executed by the petitioner in favour of respondent no.3 for a sum of Rs. 1,75,44,000/- on 16.12.2008 and 20 lakh rupees were given in advance on that day and thereafter 10 lakh plus 5 lakh were given on 14.9.2009, but no receiving certificate was given by the petitioner to the respondent no.3. Inspite of receiving 35 lakh towards consideration amount agreed upon the petitioner was not ready to execute the sale deed which led respondent no.3 to inquire into the matter and then he could know that he has been cheated and deceived by the petitioner because the petitioner was not the owner of the plot in question rather it belongs to the ownership of Smt. Chandrakanta resident of 2/46 Ramesh Nagar, New Delhi in whose favour Greater Noida Development Authority has allotted the aforesaid plot on 4.6.2004.;