Court dismissed a writ petition seeking quashing of an FIR alleging cheating and forgery. It rejected the petitioner's claim of false implication, noting lack of bank transaction evidence proved the consideration, making the issue a factual one beyond judicial interference at this stage.
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Court No. - 33
Case :- CRIMINAL MISC. WRIT PETITION No. - 2702 of 2019
Petitioner :- Lalit Kumar Sharma Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Upendra Kumar Pushkar Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J. Hon'ble Vivek Varma,J.
Heard learned counsel for the petitioner; the learned A.G.A. for the respondents 1 and 2; and perused the record.
The instant petition seeks quashing of the first information report dated 17.05.2017 registered as Case Crime No. 0290 of 2017 at P.S. Medical College, District Meerut, under Sections 419, 420, 467, 468, 471, 406, 120-B, 323, 452, 504, 506 I.P.C.
The impugned first information report alleges that informant's land has been sold by the accused persons named in the first information report in favour of the petitioner by setting up an impostor and that all persons are in collusion with each other.
The learned counsel for the petitioner states that the petitioner has been falsely implicated.
There is no document brought on record to indicate that the consideration amount was paid through bank transaction.
Under the circumstances, the defence taken by the petitioner is a pure question of fact which cannot be taken as a ground either to quash the first information report or to interfere with the investigation.
The petition is dismissed .
Order Date :- 13.2.2019 Sunil Kr Tiwari
1 issue framed by the court
Whether the claim of false implication is sufficient ground to quash the first information report
Lalit Kumar Sharma
State Of U.P.
2 Others
Manoj Misra
Vivek Varma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
