Ganga Prasad Vs State of U.P. and 3 Others

Court No. - 43

Case :- CRIMINAL MISC. WRIT PETITION No. - 3341 of 2019

Petitioner :- Ganga Prasad Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Bharat Pratap Singh Counsel for Respondent :- G.A.

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Hon'ble Pankaj Naqvi,J. Hon'ble Umesh Kumar,J.

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Heard Sri Bharat Pratap Singh, learned counsel for the petitioner and Sri S.R.Pandey, learned A.G.A. for the State.

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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 dated13.1.2019 registered as Case Crime No.23 of 2019 under sections 420, 467, 468, 471 I.P.C, P.S. Sehramau District Shahjahanpur.

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Learned counsel for the petitioner submits that alleged will is a registered document, name of the petitioner came to be mutated under order 6.10.2017 after opportunity to respondent no. 4 as indicated in the certified copy of the same, which is taken on record inasmuch, the order dated 6.10.2017 attained finality, FIR is malafidely motivated, it be quashed.

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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.

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After having heard learned counsel for the parties and perusing the impugned F.I.R, we are not inclined to quash the same.

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However, considering the peculiar facts and circumstances of the case, we direct that investigation of the aforesaid case shall go on but the petitioner shall not be arrested till the submission of police report under Section 173(2) Cr.P.C, subject to their extending full co-operation during investigation.

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With the aforesaid direction, this petition is finally disposed of.

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Order Date :- 7.2.2019 Ram Murti

Ganga Prasad v. State of U.P. and 3 Others

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Ganga Prasad v. State of U.P. and 3 Others

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