Mohd. Shahzad @ Shahzad and Another v. State of U.P. and 2 Others

Court No. - 45 Case :- CRIMINAL MISC. WRIT PETITION No. - 15710 of 2023 Petitioner :- Mohd. Shahzad @ Shahzad And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Faizan Habeeb,Shahabuddin Counsel for Respondent :- G.A. Hon'ble Vivek Kumar Birla,J. Hon'ble Vinod Diwakar,J.

¶1Heard Shri V.S. Dwivedi, Advocate holding brief of Shri Shahbuddin, learned counsel for the petitioners and Shri G.P. Singh, learned A.G.A for the State respondents.

¶2The relief sought in this petition is for quashing of the F.I.R. dated 09.08.2023, registered as Case Crime No. 0251 of 2023, under Sections 420, 406 I.P.C., Police Station Anup Sahar, District Bulandshahr. Further prayer has been made not to arrest the petitioners in the aforesaid case.

¶3Submission of learned counsel for the petitioners is that the petitioners have not been named in the First Information Report and they have been named by the arrested accused persons Mehtab and Nizamuddin and have been falsely implicated. It is further submitted that no recovery was made from the petitioners herein and as such, the impugned FIR ,as against the petitioners, is liable to be quashed.

¶4Per contra, learned A.G.A. submits that in the present case recovery was made from the arrested persons, who have also named the present petitioners. He further submits that the involvement of certain unknown persons was clearly indicated in the impugned First Information Report and as such, commission of a cognizable offence is made out.

¶5Perusal of the impugned First Information Report prima facie reveals commission of cognizable offence.

¶6Therefore, in view of the law laid down by Hon'ble Supreme Court in the case of State of Haryana and others vs. Bhajan Lal and others, 1992 Supp. (1) SCC 335 and M/s Neeharika Infrastructure Pvt. Ltd. vs. State of Maharashtra, AIR 2021 SC 1918 and in Special Leave to Appeal (Crl.) No.3262/2021 (Leelavati Devi @ Leelawati & another vs. the State of Uttar Pradesh) decided on 07.10.2021, no case has been made out for interference with the impugned first information report.

¶7The writ petition is dismissed. Order Date :- 13.10.2023 Shafique High Court of Judicature at Allahabad