- (1.) HEARD Sri V.M. Zaidi, Senior Advocate assisted by Sri M.J. Akhtar, learned counsel for the applicant, learned A.G.A. and Sri Satya Prakash, learned counsel for the respondent No. 3.
(2.) THE petitioner Nurul Huda has preferred this writ petition with the following prayer: 1.Issue a writ order or direction in the nature of certiorari to quash the impugned FIR dated 5.09.2014 in case crime No. 1219 of 2014 registered at Police Station Sahibabad, District Ghaziabad under sections 420, 467, 468, 471, 323, 504, 506 IPC (Annexure No. 1 to the writ Petition). 2.Issue a writ order or direction in the nature of mandamus directing to respondents not to arrest the petitioners in pursuance to the impugned FIR and not adopt any coercive action against the petitioner. 3.Issue any other writ order or direction, which this Hon'ble Court may deem fit and proper under the facts and circumstances of the present case. 4.To award the cost of writ petition.
(3.) IT is submitted by learned counsel for the petitioner that the petitioner is real brother of respondent No. 3, on account of family dispute the impugned FIR has been lodged. The allegation of cheating and forgery made against the petitioner is absolutely false and frivolous. The petitioner has moved an application for mutation in the court of Tahsildar, Ghaziabad on the basis of the will deed executed by his mother Smt. Anisha Begum. The will was executed on 23.11.2013, it was a registered will. On the basis of the alleged will no benefit has been taken by the petitioner. It is alleged that the mother of the petitioner had purchased a land having the area of 416 Sq. Meters from Khasra No. 1335 and 1336, Bankey Arthala, Ghaziabad. Its witnesses were Abdul Kayyum and Mukarram Ali. The mother of the petitioner has died on 28.11.2007, after death of the mother of petitioner, the petitioner moved an application in the court of Tahsildar to get his name mutated in place of Smt. Anisha Begum. The allegation made in the impugned FIR are absolutely false and frivolous and prima facie no offence punishable under sections 467, 468, 471, 323, 504, 506 IPC is made out and in respect of the co -accused Abdul Kayyum and Mukarram Ali this court has passed the order on 30.10.2014 and 14.11.2014 in Crl. Misc. Writ Petition No. 19121 of 2014 and 21479 of 2014 filed by them respectively in which their arrest have been stayed till the credible evidence is not collected by the I.O. during investigation. In reply of the above contention, it is submitted by learned A.G.A. and learned counsel for the respondent No. 3 that the case of the petitioner is based on the different footing with the case of co -accused Abdul Kayyum and Mukarram Ali because the petitioner is main person who committed the cheating and forgery. The allegation against the petitioner is that he prepared the forged will deed dated 23.11.2003, the mother of the petitioner and respondent No. 3 has died on 28.11.2007, the mother of the petitioner and respondent No. 3 had purchased a land having the area of 416 Sq. Meters from Khasra No. 1335 and 1336, Bankey Arthala, Ghaziabad, it was purchased in the year 2006 but its will deed is of the year 2003, by that time the land was not purchased by the mother of the petitioner and on the basis of the alleged forged will deed which is said to be registered in the office of the Sub Registrar, Sheelampur, Delhi whereas on inquiry it was not found registered there and on the basis of the forge deed the petitioner moved an application for mutation to get the entry of his name in the revenue record on the basis of Smt. Anishal Begum. Thereafter the petitioner and others hurled the abuses, did marpeet and extended the threat of life to the respondent No. 3. On the basis of the allegation made in the impugned FIR prima facie offence under sections 420, 467, 468, 471, 323, 504, 506 IPC are made out. The present writ petition is devoid of merits, the same may be dismissed.;