Rameshwar Singh Yadav v. State of U.P. and 3 Others

Court No. - 67 Case :- CRIMINAL MISC. WRIT PETITION No. - 16088 of 2023 Petitioner :- Rameshwar Singh Yadav Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Syed Imran Ibrahim,Praveen Kumar Singh Counsel for Respondent :- G.A. Hon'ble Rahul Chaturvedi,J. Hon'ble Syed Qamar Hasan Rizvi,J. Heard Sri Syed Imran Ibrahim, learned counsel for the petitioner as well as Sri P.C. Srivastava, learned A.A.G. appearing for the State and perused the records. By means of the present petition, the petitioner is assailing the legality and validity of the FIR dated 03.08.2023 in Case crime no.593 of 2023 under section 420, 467, 468, 471, 120B IPC, Police station-Kotwali Nagar, District-Etah lodged by one Anant Kumar Sharma with certain allegations that in compliance of the order of this Court dated 07.02.2023, whereby the petitioner was directed to deposit Rs.35,50,000/-(Rs. Thirty Five Lacs and Fifty Thousands) in the State Government treasury through the District Magistrate, Etah and shall submit its proof of the said deposit with the bail bonds. It is contended by learned counsel for the petitioner that all the documents are found to be forged and fictitious and seal put on that receipt is also forged one. The matter requires consideration. This is a serious matter where an ex-MLA, having criminal antecedents of 90+ cases to his credit, are indulging again and again in the same offence. After reading the entire FIR carefully, we are of the considered opinion that there is no reason or occasion to quash the FIR in exercise of power under Article 226 of the Constitution of India. Hence, the prayer for quashing the FIR is hereby declined and accordingly rejected. However, if so advised, the petitioner may file anticipatory bail before appropriate forum for redressal of his grievance within next ten days from today. With this observation, the present writ petition is hereby disposed of. Order Date :- 28.10.2023 Sumit S High Court of Judicature at Allahabad