Allahabad High Court
Aman Tyagi vs State Of U.P. And 2 Others on 23 March, 2021
Bench: Pritinker Diwaker, Samit Gopal
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 45
Case :- CRIMINAL MISC. WRIT PETITION No. - 2543 of 2021
Petitioner :- Aman Tyagi
Respondent :- State Of U.P. And 2 Others
Counsel for Petitioner :- Pankaj Kumar Tyagi
Counsel for Respondent :- G.A.,Devendra Saini
Hon'ble Pritinker Diwaker,J.
Hon'ble Samit Gopal,J.
Heard Sri Pankaj Kumar Tyagi, learned counsel for the petitioner and Sri H.M.B. Sinha, learned AGA for the State.
The present writ petition has been filed by the petitioner seeking quashment of First Information Report dated 18.02.2021 lodged as Case Crime No. 81 of 2021, under Sections 420, 467, 468, 471, 506, 120-B IPC, Police Station Kotwali Dehat, District Saharanpur with a further prayer to stay the arrest of the petitioner during the pendency of the investigation.
Learned counsel for the petitioner argued that the petitioner has been falsely implicated in the present case. It is argued that the petitioner prepared forged Will Deed dated 11.02.1995 showing it to be executed by Sri Om Prakash in favour of the petitioner, is a matter which has drawn the attention of a case before the Consolidation Officer which was decided by him, against which an appeal was preferred which was allowed vide order dated 23.08.2018 and the matter was remanded back to the Consolidation Officer with a direction to decide the same on merits after hearing both the parties. The said appeal was filed against the order dated 28.08.1995 passed by the Settlement Officer of Consolidation. It is argued that as such the lodging of the First Information Report is with malafide intentions and the present matter is purely of civil in nature which is pending before the Consolidation Officer regarding the genuineness of the will and as such the present First Information Report deserves to be quashed as the same has been lodged to give the case a different colour. Learned counsel has relied upon the judgment of Rajesjbhai Muljibhai Patel and others Etc. Vs. State of Gujarat and another Etc. : (2020) 3 SCC 794 to buttress his submission.
Per contra, learned AGA opposed the prayer for quashing of the FIR and argued that from perusal of the First Information Report, a cognizable offence is made out. It is argued that there are specific allegations of the petitioner forging a Will and then producing it before the competent court with an intention to use a forged document. It is argued that the matter is such in which investigation is required and as such the present writ petition is devoid of any merit and deserves to be dismissed.
After having examined the submissions advanced by learned counsels for the parties and perusing the impugned First Information Report discloses cognizable offence against the petitioner. There is specific allegation of committing forgery, cheating and using a forged document as genuine.
The Full Bench of this Court in Ajit Singh @ Muraha v. State of U.P. : 2006 (56) ACC 433 reiterated the view taken by the earlier Full Bench in Satya Pal v. State of U.P. : 2000 Cr.L.J. 569 after considering the various decisions including State of Haryana v. Bhajan Lal : AIR 1992 SC 604 that there can be no interference with the investigation or order staying arrest unless cognizable offence is not ex-facie discernible from the allegations contained in the F.I.R. or there is any statutory restriction operating on the power of the Police to investigate a case.
The writ petition is, accordingly, dismissed.
Order Date :- 23.3.2021
M. ARIF
