Rajesh Kumar Jaiswal and Another v. State of U.P. and 3 Others

Court No. - 43 Case :- CRIMINAL MISC. WRIT PETITION No. - 17090 of 2023 Petitioner :- Rajesh Kumar Jaiswal And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Rajesh Kumar Counsel for Respondent :- G.A. Hon'ble Anjani Kumar Mishra,J. Hon'ble Vivek Kumar Singh,J. Heard learned counsel for the petitioner and Sri Sanjay Shukla, learned counsel for respondent no.4 and learned A.G.A. for the State. The instant writ petition seeks quashing of the FIR dated 3.3.2023 giving rise to Case Crime No.0170 of 2023, under Sections 419, 420, 467, 468, 471, 506 I.P.C., Police Station-Shahpur, District-Gorakhpur. The contention of learned counsel for the petitioner is that there are two death certificates of one Chandi Prasad; one which was relied upon by the petitioner is found to be genuine, while the certificate which was relied upon by the informant is found to be forged on the basis of which an application under Section 156(3) Cr.P.C. has been filed before the authorities concerned. Upon hearing learned counsel for the parties and upon a perusal of the record, we find that the submissions made on behalf of the petitioner are his defence, which cannot be looked into while dealing with a writ petition seeking quashing of a first information report. Moreover, the allegations made in the First Information Report clearly disclose commission of cognizable offences and the allegations are serious in nature. Therefore, prayer of the petitioner to quash the First Information Report is completely misconceived and is rejected. The writ petition is therefore dismissed, without prejudice to the right of the petitioners to apply for bail/anticipatory bail. Order Date :- 1.11.2023 Dev/- High Court of Judicature at Allahabad