Rameez v. State of U.P. and 3 Others

Court No. - 45 Case :- CRIMINAL MISC. WRIT PETITION No. - 16369 of 2023 Petitioner :- Rameez Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Prem Narayan Singh Counsel for Respondent :- G.A. Hon'ble Vivek Kumar Birla,J. Hon'ble Vinod Diwakar,J.

¶1Heard Sri Prem Narayan Singh, learned counsel for the petitioner and Sri 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

30.9.2023, registered as Case Crime No. 256 of 2023, under Sections 420, 467, 468, 471 IPC, Police Station Singhawali Ahir, District Baghpat. Further prayer has been made not to arrest the petitioner in the aforesaid case.

¶3Submission of the learned counsel for the petitioner is that the petitioner has been falsely implicated and no offence is made out against the petitioner. It is next submitted that the petitioner is running a cyber cafe and he is not involved in preparing the forged birth certificate. It is next submitted that the petitioner received the alleged birth certificate on his mobile phone through whats app and has only printed the same and he has not made any forged birth certificate.

¶4Learned AGA opposed the prayer for quashing of the FIR, which discloses cognizable offence. It is submitted that the FIR has been lodged by Medical Superintendent, Baghpat and in preliminary enquiry birth certificate was found to be a forged document and as such, no interference is required.

¶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.

¶7Therefore, the writ petition is dismissed. Order Date :- 28.10.2023 Abhishek High Court of Judicature at Allahabad