Diwakar Tomar vs State Of U.P. And 3 Others
2022 Latest Caselaw 12865 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 47
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 13691 of 2020
 

 
Petitioner :- Diwakar Tomar
 
Respondent :- State Of U.P. And 3 Others
 
Counsel for Petitioner :- Dinesh Kumar Mishra
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Mahesh Chandra Tripathi,J.

Hon'ble Narendra Kumar Johari,J.

This writ petition has been filed with the prayer to quash the First Information Report dated 8.10.2020, registered as Case Crime No. 415 of 2020, under Sections 420, 120-B, 467, 468 and 471 IPC, Police Station Pilkhua, District Hapur on the ground that the F.I.R. has been registered at the instance of respondent-company, whereas, the acquisition proceedings itself have subsequently been quashed. It is stated that the respondent-company, therefore, has no right over the land and the registration of F.I.R. is an abuse of the process of law.

Learned counsel for the petitioner has placed reliance upon the judgment of this Court in Criminal Misc. Writ Petition No. 12567 of 2020 in which similar first information reports have been quashed. Contention in this regard is not opposed by the learned A.G.A.

For the reasons recorded in the judgment of the Court dated 23.11.2020, passed in Criminal Misc. Writ Petition No. 12567 of 2020, this petition is also liable to succeed and is accordingly allowed. F.I.R. registered as Case Crime No. 415 of 2020, under Sections 420, 120-B, 467, 468 and 471 IPC, stands quashed.

Order Date :- 13.9.2022

AKK