Anara Devi Alias Anarkali and Another v. State of U.P. Thru. Addl. Chief Secy. Deptt. of Home Lko and Others

Court No. - 10 Case :- CRIMINAL MISC. WRIT PETITION No. - 8799 of 2023 Petitioner :- Anara Devi Alias Anarkali And Another Respondent :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home Lko And Others Counsel for Petitioner :- Aseem Goswami,Ram Mohan Mishra Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Narendra Kumar Johari,J.

¶1Heard the learned counsel for the petitioners and learned A.G.A. for the State-respondents.

¶2The present writ petition has been filed with a prayer to issue a writ, order or direction in the nature of certiorari for quashing the first information report dated 01.03.2023 at Case Crime No.0067 of 2023 under Sections 419, 420, 467, 468, 471 IPC at Police Station Asivan, District Unnao and with a further prayer to stay the arrest of the petitioners.

¶3It has been submitted by learned counsel for the petitioners that the impugned FIR has been lodged after an inordinate delay of one and a half years through an application filed under Section 156(3) of the Cr.P.C. It has been further stated that dispute is civil in nature which relates to execution of a sale deed allegedly done by an imposter. The sale deed so executed has not been challenged by filing a civil suit which is an appropriate remedy and the civil dispute has been tried to be given a criminal colour.

¶4Learned AGA has pointed out that allegation of fraudulent behaviour in setting up an imposter in place of the deceased mother of the informant is clearly mentioned in the impugned FIR.

¶5This Court has perused the impugned F.I.R. and prima facie finds that cognizable offence is being made out hence finds no good ground to show interference as prayed in this petition. The Writ Petition is, accordingly, dismissed. Order Date :- 9.11.2023 Arnima High Court of Judicature at Allahabad, Lucknow Bench