Vipin Mishra And 7 Others vs State Of U.P. And 2 Others
2022 Latest Caselaw 2519 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

 											  Judgement reserved on 07.04.2022
 
					  Judgment delivered on 11.05.2022
 

 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 3427 of 2022
 

 
Petitioner :- Vipin Mishra And 7 Others
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Petitioner :- Rajesh Dwivedi
 
Counsel for Respondent :- G.A
 

 
Hon'ble Anjani Kumar Mishra,J.

Hon'ble Deepak Verma,J.

Heard learned counsel for the petitioners and learned AGA on behalf of the State.

The instant petition seeks quashing of the impugned F.I.R. dated 06.03.2022 registered as Case Crime No.0056 of 2022, under Sections 420, 467, 468, 471, 120-B I.P.C., Police Station Kotwali, District Kanpur Nagar.

It is alleged in the First Information Report that the petitioners impersonating Divyansh Goel and Sushila Goel (real owners of the property) sold the property to various persons including informant.

It is contended by learned counsel for the petitioners that the petitioners have been intentionally implicated in the impugned First Information Report with ulterior motive. It is alleged in the First Information Report that the petitioners are witness in the sale deed. The First Information Report has been lodged only to harass the petitioners. Real owner Divyansh Goel executed a sale agreement in favour of petitioner no.1 regarding the area 2 bigha, 5 biswa, Arazi No.783.

Respondent no.3 informant and his son are mastermind as it is alleged in the First Information Report that the informant's son Amit Singh is the accused in Case Crime No.1504 of 2020. The contents of First Information Report disclose a civil dispute and to give it a criminal colour, present First Information Report has been lodged.

Upon hearing learned counsel for the petitioners and upon perusing the First Information Report, we find that the contents of the First Information Report disclose commission of cognizable offence. As such, no interference is required.

The Apex Court in State of Telangana vs. Habib Abdullah Jeelani and others, 2017(2) SCC 779 has observed that an F.I.R. can be quashed only if the police report does not disclose commission of a cognizable offence.

In the facts of the present case, we do find that prima-facie, commission of an offence is disclosed.

Under the circumstances, the writ petition is dismissed, however, without prejudice to the rights of the petitioners to apply for bail/anticipatory bail. 

Order Date :- 11.05.2022

SKD