Ishaq Ahmad v. State of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko and Others

Court No. - 10 Case :- CRIMINAL MISC. WRIT PETITION No. - 9317 of 2023 Petitioner :- Ishaq Ahmad Respondent :- State Of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko And Others Counsel for Petitioner :- Pradeep Kumar Shukla Counsel for Respondent :- G.A.,Ramakar Shukla Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Narendra Kumar Johari,J. Heard Shri Pradeep Kumar Shukla, learned counsel for the petitioner, learned A.G.A. for the State/respondents and Shri Ramakar Shukla who has appeared for the Caveator and perused the material placed on record. This writ petition has been filed with the following main prayers :- "(i) Issue a writ or order or direction in the nature of certiorari quashing the impugned First Information Report dated

19.08.2023 in Case Crime No.0777/2023, under section 419, 420, 467, 468, 471, 504, 506 IPC, P.S. Kotwali, District - Sultanpur, contained as Annexure No.1 to this writ petition.

(ii) Issue a writ, order or direction in the nature of mandamus commanding/directing the opposite parties not to arrest the petitioners on the basis of the impugned FIR." Learned counsel appearing for the respondent No.4 has stated before this Court that in the writ petition, petitioner has stated that he has no criminal history, whereas he has criminal history of two cases, namely; F.I.R. No.0585/2023, lodged on

25.06.2023 in Police Station - Kotwali Nagar, District - Sultanpur where charge sheet has been filed in court and cognizance has been taken on 14.11.2023. The other case is F.I.R. No.0196/2021, under Sections 468, 467, 420, 419 I.P.C., at Police Station - Kotwali Nagar, District Sultanpur. Learned counsel for respondent No.4 has produced before this Court copy of the F.I.R. of Case Crime No.0196/2021 and charge sheet in Case Crime No.0585/2023, which are kept on record. This court having gone through the records, finds deliberate misrepresentation and concealment on the part of the petitioner. Accordingly, the writ petition is hereby dismissed. Order Date :- 8.12.2023 ML/- High Court of Judicature at Allahabad, Lucknow Bench