Ram Niwas v. State of U.P. and 3 Others

Court No. - 43 Case :- CRIMINAL MISC. WRIT PETITION No. - 5043 of 2023 Petitioner :- Ram Niwas Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Vimal Kumar Counsel for Respondent :- G.A. Hon'ble Anjani Kumar Mishra,J. Hon'ble Mohd. Azhar Husain Idrisi,J.

¶1Heard learned counsel for the petitioner and learned A.G.A. for the State.

¶2Challenge in the writ petition is to the F.I.R. filed on the ground that the petitioner has manipulated a fraudulent entry in the revenue records.

¶3Before this Court, contention of the petitioner is that he was allotted a portion of Khata No. 615 being Plot No. 283 area 2.00 acres.

¶4On the previous occasion, learned A.G.A. was directed to obtain instruction with regard to Patta filed by the petitioner.

¶5Question-answer has been produced by learned A.G.A. in which it has been stated that no allotment has been made in favour of the petitioner.

¶6Under the circumstances, the Court is of the considered view that since the allegations in the F.I.R. contain the ingredients of a cognizable offence, such F.I.R. is not liable to be quashed.

¶7The writ petition is dismissed, without prejudice to the right of the petitioner to apply for bail/anticipatory bail. Order Date :- 7.12.2023 Rmk. High Court of Judicature at Allahabad