Mo. Ashfaq Alias Ashfaq v. State of U.P. Thru. Secy. Home Deptt. Govt. Lko and Others

Court No. - 10 Case :- CRIMINAL MISC. WRIT PETITION No. - 8426 of 2023 Petitioner :- Mo. Ashfaq Alias Ashfaq Respondent :- State Of U.P. Thru. Secy. Home Deptt. Govt. Lko And Others Counsel for Petitioner :- Dinesh Kumar Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Narendra Kumar Johari,J. Heard learned counsel for petitioner and learned A.G.A. for the State-respondents. This petition has been filed with the following main prayers:- " A writ, order or direction in the nature of CERTIORARI to quash the impugned FIR No. 0901/2020 dated 28.12.2020 under Sections 419, 420, 467, 468, 471, 406, 120-B IPC, at Police Station Chinhat, District Lucknow contained as Annexure No.1 to this petition." It has been submitted by learned counsel for petitioner that the petitioner is bonafide purchaser of property belonging to Sri Mahesh Prasad Nigam through his registered power of attorney. The informant is the immediate neighbour of the petitioner and only to prevent the petitioner from taking possession of his property and to enable the informant to encroach upon property bought by the petitioner, the impugned FIR has been lodged. This Court has gone through the FIR and finds that cognizance offence has been made out. The writ petition stands dismissed. Order Date :- 1.11.2023 Renu/- High Court of Judicature at Allahabad, Lucknow Bench