Gurushankar Yadav @ Bablu v. State of U.P. Thru. Addl. Chief Secy. Home Lko. and 3 Others

Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 4397 of 2023 Petitioner :- Gurushankar Yadav @ Bablu Respondent :- State Of U.P. Thru. Addl. Chief Secy. Home Lko. And 3 Others Counsel for Petitioner :- Alok Kumar Mishra Counsel for Respondent :- G.A. Hon'ble Rajnish Kumar,J. Hon'ble Umesh Chandra Sharma,J. Heard learned counsel for the petitioner, learned A.G.A. for the State and perused the record. This writ petition has been filed with the prayer to quash the First Information Report registered as Case Crime No.0383/2022, under section 3(2) Prevention of Damages to Public Property Act, 1984 at Police Station-Sandeela, District-Hardoi. Submission of learned counsel for the petitioner is that the petitioner has been falsely implicated in this case. The petitioner has not made any illegal encroachment over the land in dispute, nor selling to the same. The petition is being opposed by learned A.G.A. The correctness or otherwise of the allegation made in F.I.R. need not be examined by us in view of the law settled inasmuch as such issues are required to be examined at the stage of investigation. The petitioner shall be at liberty to place all materials in support of his defence before the Investigating Officer. Since the First Information Report prima facie discloses commissioning of cognizable offence, therefore, it cannot be quashed in view of the law laid down by the Supreme Court in the case of State of Telangana Vs. Habib Abdullah Jellani,

(2017) 2 SCC 779 and Neeharika Infrastructure Pvt. Ltd. Vs.State of Maharashtra and others; (2021) SCC Online SC

¶315Prayer for quashing the F.I.R. is declined. As the offences alleged in the F.I.R. provide for maximum sentence upto seven years, the provisions of Section 41-A of the Code of Criminal Procedure have to be complied with in view of Satender Kumar Antil versus Central Bureau of Investigation and Another; (2022) 10 SCC 51 and the same shall be complied. The writ petition is, accordingly, disposed of. Order Date :- 6.6.2023 Gurpreet Singh High Court of Judicature at Allahabad, Lucknow Bench