In this criminal miscellaneous writ petition, the court dismissed the petitioner's plea to quash an FIR alleging cheating and forgery, finding that the contents disclosed a cognizable offence and no grounds for quashing were available under the Bhajan Lal guidelines.
Petition for quashing of FIR dismissed.
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Court No. - 43
Case :- CRIMINAL MISC. WRIT PETITION No. - 7709 of 2020
Petitioner :- Subhash Yadav @ Subhash Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Gaurav Sharma Counsel for Respondent :- G.A.
Hon'ble Pankaj Naqvi,J. Hon'ble Vivek Agarwal,J.
Sri Deepak Mishra, learned AGA submits that he shall file the personal affidavit of the S.S.P., Agra in the Registry during the course of the day. Office shall thereafter place the same on record.
Heard Sri Gaurav Sharma, learned counsel for the petitioner and Deepak Mishra, learned AGA.
We are not satisfied with the personal affidavit, filed on behalf of S.S.P., Agra, for non-compliance of order dated 12.10.2020. S.S.P., Agra submits that his P.R.O. had not placed the communication before him, as a result of which, order could not be complied with. The S.S.P. present in person assures that he shall place the P.R.O. under suspension and report the fall out of an inquiry by next date.
We exempt future presence of S.S.P., Agra. Let an additional affidavit be filed on or before next date.
This petition has been filed by the petitioner seeking quashing of the impugned FIR dated 06.06.2018 registering Case Crime No. 597 of 2018 under the provisions of Sections 420, 467, 468, 471, 506 IPC at Police Station-Tajganj, District-Agra on the ground that petitioner is a bonafide purchaser of the plot in question through a registered sale deed dated 27.07.2009, raised constructions over the said plot and living peacefully since then,
the impugned FIR is malafidely motivated, lodged after nine years for ulterior motives.
The fact of the matter is that contents of the FIR do disclose commission of a cognizable offence and none of the grounds laid down by Hon'ble Supreme Court in case of State of Haryana and Others vs. Chaudhary Bhajan Lal, 1992 SCC Supl. (1) SCC 335 are available for quashing of the FIR, therefore, petition fails and is dismissed.
List on 26.11.2020 in Chamber at 4 pm for compliance. Order Date :- 5.11.2020 Vikram/-
Digitally signed by Justice Pankaj Digitally signed by Justice Vivek Naqvi Agarwal Date: 2020.11.12 13:00:50 IST Date: 2020.11.12 13:06:42 IST Reason: Document Owner Reason: Document Owner Location: High Court of Judicature at Location: High Court of Judicature at Allahabad Allahabad
1 issue framed by the court
Whether the FIR can be quashed on grounds of bona fide purchase and malafide motive.
Colour shows how this judgement treated each authority
State of Haryana and Others vs. Chaudhary Bhajan LalReferred¶11
State of Haryana and Others vs. Chaudhary Bhajan Lal, 1992 SCC Supl. (1) SCC 335 · Who else cites this
Subhash Yadav @ Subhash
State Of U.P.
Pankaj Naqvi
Vivek Agarwal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
