Farman v. State of U.P. and 2 Others

Court No. - 45 Case :- CRIMINAL MISC. WRIT PETITION No. - 15157 of 2023 Petitioner :- Farman Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Narendra Kumar Counsel for Respondent :- G.A. Hon'ble Vivek Kumar Birla,J. Hon'ble Vinod Diwakar,J.

¶1Heard Shri N.K. Singn, learned counsel for the petitioner and Shri G.P. Singh, learned AGA for the State respondents and perused the records.

¶2This writ petition has been filed for quashing the impugned First Information Report dated 14.07.2023 registered as Case Crime No. 204 of 2023 under Sections 420, 467, 468, 471 IPC and Section 60(1) and Section 63 of U.P. Excise Act, Police Station Mainather, District Moradabad.

¶3Submission of the learned counsel for the petitioner is that the petitioner was not arrested on the spot and was also not involved in the present case. Further submission is that the petitioner has been falsely implicated in the present case just to harass him and no offence as alleged has been made out.

¶4Per contra, learned AGA pointed out that two persons namely, Faizan @ Bhura and Waseem @ Shiraz arrested on the spot have taken name of three persons including the petitioner, who ran away on the spot. It is further submitted that chargesheet against accused persons has already been forwarded on 01.09.2023. Learned AGA next submitted that petitioner is not co-operating in the investigation and chargesheet cannot be quashed in part, therefore, writ petition is liable to be dismissed.

¶5We find substance in the argument of learned AGA.

¶6Perusal of the impugned first information report prima facie reveals commission of cognizable offence. Therefore, 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 devoid of merit and is accordingly dismissed. Order Date :- 19.10.2023 Nitendra High Court of Judicature at Allahabad