Ram Kumar v. State of U.P. and 3 Others
Case brief
What is this about?
The court refused to quash an FIR for cheating and forgery despite petitions alleging malicious motives and facts similar to a pending civil suit. The petition for quashing was rejected, but the investigation was allowed to proceed under specific conditions.
What did the court decide?
Quashing of the FIR was refused; investigation ordered to proceed without arresting the petitioner until the police report under Section 173(2) Cr.P.C. is filed.
What the court decided
Court No. - 43
Case :- CRIMINAL MISC. WRIT PETITION No. - 26174 of 2019
Petitioner :- Ram Kumar Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Pramod Kumar Dubey Counsel for Respondent :- G.A.
Hon'ble Pankaj Naqvi,J. Hon'ble Samit Gopal,J.
Heard Shri Pramod Kumar Dubey, learned counsel for the petitioner and the learned A.G.A.
This writ petition has been filed by the petitioner to issue a writ, order or direction in the nature of certiorari quashing the impugned FIR dated 29.6.2019 registered as Case Crime No.0384 of 2019 under sections 419, 420, 467, 468, 471, 323, 504 & 506 I.P.C. P.S.Sigra District Varanasi.
It is submitted by learned counsel for the petitioner that FIR is malafidely and motivated inasmuch as, the petitioner is in possession under the registered sale deed of 2016 executed by respondent no.4/informant whereas the First Information Report alleges that it ought to be a mortgaged deed, FIR itself has been lodged after three years one month, coupled with the fact that suite for cancellation of the sale deed in question is already pending before the court below. The allegations levelled against him are absolutely false, frivolous and baseless, no offence is made out against the petitioner, the FIR be quashed.
Per contra learned A.G.A, submitted that from the perusal of the impugned F.I.R, and on the basis of the allegations made therein, it cannot be said that no cognizable offence is disclosed against the petitioner.
Issues for consideration
2 issues framed by the court
Whether the FIR alleging cheating and forgery is malafide and frivolous and calls for quashing under certiorari.
Whether the petitioner should be granted immunity from arrest during the investigation pending the police report.
Parties & counsel
- petitioner
Ram Kumar
- respondent
State Of U.P.
Coram
Pankaj Naqvi
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · December
- Registered
- Case no.
- CRLP/26174/2019
Similar cases
Judgements on the same questions, provisions and authorities, from every court