Mrs. Rekha Dixit, J. - (1.) This writ petition has been filed with a prayer to quash the impugned FIR dated 5.7.2015 in case crime no.481 of 2015, under sections 419, 420, 467, 468, 471 IPC, P.S. Colonelganj, District Allahabad.
(2.) In brief, the allegations as per FIR dated 5.7.2015 are that the wife of complainant Smt. Beena Rani Srivastava purchased a house old No.93-A and new No. 99, Dilkusha Park, New Katra, District Allahabad from the previous owner Brijesh Kumar Saxena & Smt. Indra Saxena through a registered sale deed on 18.10.2007. The previous owner got this house through partition deed dated 19.11.1983 in which Kamlesh Kumar s/o late Jagjiwan Prasad was in possession of southern area as licencee. He convinced the complainant that he will vacate the house at the earliest and hand over the possession to Smt. Beena Rani Srivastava. In spite several reminders Kamlesh Kumar Saxena did not vacate the said house. Subsequently a civil suit no. 825 of 2013 (Smt. Beena Rani Srivastava v. Kamlesh Kumar) was filed in the Court of Civil Judge, Allahabad which is still pending and Kamlesh Kumar Saaxena has filed unregistered document dated 2.4.1984 pertaining to property in question disputing the rights of the parties.
(3.) Heard Sri Chetan Prakash, learned counsel for the petitioner and Sri Ashish Pandey, learned AGA for the State and perused the record. Respondent No.3 has not responded to the notice issued to him, hence notice upon him is deemed to be sufficient.;