NURUL HUDA Vs. STATE OF U P

JUDGEMENT

(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:

(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.