Shashi Kant Rajpoot v. State of U.P. and 2 Others

Court No. - 45 Case :- CRIMINAL MISC. WRIT PETITION No. - 16099 of 2023 Petitioner :- Shashi Kant Rajpoot Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Meenendra Tripathi Counsel for Respondent :- G.A. Hon'ble Vivek Kumar Birla,J. Hon'ble Vinod Diwakar,J.

¶1Heard Shri Meenendra Tripathi, learned counsel for the petitioner and Shri Ratan Singh, learned A.G.A for the State respondents.

¶2The relief sought in this petition is for quashing of the F.I.R. dated

17.08.2023, registered as Case Crime No. 0123 of 2023, under Sections 420, 406 IPC, Police Station Dakor, District Jalaun. Further prayer has been made not to arrest the petitioner in the aforesaid case.

¶3Submission of learned counsel for the petitioner is that petitioner has not committed any offence and there is no allegation against the petitioner. It is stated that registration of the tractor is in the name of one Bramha son of Chhavi Lal and he is the real owner of the tractor, it is not mentioned as to how the sum of Rs. 3,50,000/- was given, the FIR is absolutely vague.

¶4Per contra, learned AGA submits that tractor was recovered from the house of the petitioner as such cognizable offence has been 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 present petition is dismissed. Order Date :- 19.10.2023 Ujjawal High Court of Judicature at Allahabad