Dinesh Agrawal and 2 Others v. State of U.P. and 3 Others

Court No. - 43 Case :- CRIMINAL MISC. WRIT PETITION No. - 17305 of 2023 Petitioner :- Dinesh Agrawal And 2 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Wahid Jamal Counsel for Respondent :- G.A.,Nitin Chandra Mishra Hon'ble Anjani Kumar Mishra,J. Hon'ble Vivek Kumar Singh,J.

¶1Heard learned counsel for the petitioners, learned counsel for the first informant and learned A.G.A. for the State.

¶2The instant writ petition seeks quashing of the FIR dated

13.09.2023 giving rise to Case Crime No. 0498 of 2023 of 2023, under Sections 420, 467, 468, 471, 506 I.P.C., Police Station-Tappal, District-Aligarh.

¶3The sale deed complained by means of the impugned first information report is of the year 2023. The vendors of the sale deed are alleged to be recorded over the land in question, however, reliance has been placed on the khatauni of 1404 F corresponding to 1998. In any case, the vendors are not recorded as the owner of the land in question which has been filed on record.

¶4Upon hearing learned counsel for the parties and upon a perusal of the record, we find that the submissions made on behalf of the petitioners are their defence, which cannot be looked into while dealing with a writ petition seeking quashing of a first information report. There is no any fabrication in the impugned F.I.R.

¶5Moreover, 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 petitioners to quash the First Information Report is completely misconceived and is rejected.

¶6The writ petition is, therefore, dismissed. Order Date :- 6.11.2023 SY High Court of Judicature at Allahabad