The Allahabad High Court has ordered that no coercive action will be taken under the FIR registered against Kamal Choudhary and others at Jagdishpura police station in Agra regarding the land dispute of the dissolved firm.
The Division Bench of Justice Siddhartha Varma and Justice Anish Kumar Gupta passed this order while hearing a petition filed by Kamal Chaudhary and Another.
The petition has been filed to quash the First Information Report registered on 07.01.2024 giving rise to Case under Sections 147, 148, 149, 477, 448, 120-B, 467, 395 and 506 of Indian Penal Code, Police Station Jagdishpura, District Agra.
There was a partnership firm consisting of partners namely Amar Singh, Tahal Singh and his brother Nahar Singh along with five others namely Padam Kumar Jain, Pramod Kumar Jain, Prabhat Kumar Jain, Nem Kumar Jain and Abhay Kumar Jain.
The partnership firm which was formed in 1974 was dissolved in the year 1980. While Amar Singh, Tahal Singh and Nahar Singh took the money and other movable assets the landed property was given to Pramod Kumar, Prabhat Kumar Jain, Nem Kumar Jain and Abhay Kumar Jain.
They filed a Civil Suit being Civil Suit for permanent injunction against Tahal Singh (Father-in-law of the respondent No 4) which was decreed on 6.2.2006. Before the decreeing of the suit on 23.11.2004, the four brothers namely (Pramod Kumar, Prabhat Kumar Jain, Nem Kumar Jain and Abhay Kumar Jain) entered into an agreement to sell with the petitioner No 1.
Contention of the counsel for the petitioners is that the respondent No 4 had absolutely no right or title over the landed property in question. The respondent No 4, therefore, had no businesses to lodge the First Information Report with regard to the land in question.
The petitioners, it has been further stated, are respectable persons having huge businesses and they would definitely not indulge in something as low as is reported in the FIR.
The Court observed that the matter requires consideration.
The Court granted three weeks time to file counter affidavits for the respondents and two weeks time to file a rejoinder affidavit. List thereafter before the appropriate Court.
“Till the next date of listing or till the submission of a Police report under Section 173(2) of the IPC whichever is earlier no coercive action shall be taken against the petitioners. The petitioners will cooperate with the investigation. In the event they fail to do so, the police shall be at liberty to move the Court”, the Court ordered.