The Court dismissed a writ petition seeking to quash an FIR registered under Sections 420 IPC. The petitioner failed to prove his ownership of the property in question. The Court held that no cognizable offence could be said to be absent from the allegations.
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Court No. - 44
Case :- CRIMINAL MISC. WRIT PETITION No. - 5257 of 2021
Petitioner :- Rishi Kumar Goyal Respondent :- State of U.P. and Others Counsel for Petitioner :- Prabhakar Dubey
Hon'ble Mrs. Sunita Agarwal,J. Hon'ble Mrs. Sadhna Rani (Thakur),J.
By means of the present petition, the petitioner herein seeks for quashing of the First Information Report dated 10.04.2021 registered as Case Crime No.0102 of 2021 under Sections 420 I.P.C. P.S-Kakod District-Bulandshahar.
The petitioner herein seeks to assert that he is owner of the plotin-question wherein constructions have been raised in the name of Aerocity Residency.
There is nothing on record with regard to existence of any firm or company in the name of Aerocity Residency. The present writ petition has not been filed by the said entity.
The first information report is lodged against the Aerocity Residency on the allegations that it had indulged in illegal transaction of the plots/residential property within the notified area of Yamuna Expressway Industrial Development Authority.
Sri Vinayak Nath Singh learned Advocate for Yamuna Expressway Industrial Development Authority states that the petitioner herein is an outsider.
As regards the petitioner herein, we cannot accept his submission that he is owner of the plot-in-question in absence of any material on record and moreover, in view of the categorical assertion in the first information report regarding transactions being made in the name of the Aerocity Residency.
This apart, from the allegations in the first information report, it cannot be said that no cognizable offence is made out.
The present petition is, thus, found devoid of merit and hence dismissed.
Order Date :- 24.9.2021 Harshita
Digitally signed by SUNITA Digitally signed by Sadhna Rani AGARWAL Thakur Date: 2021.09.29 10:52:00 IST Date: 2021.09.29 10:52:33 IST Reason: Document Owner Reason: Document Owner Location: High Court of Judicature at Location: High Court of Judicature at Allahabad Allahabad
2 issues framed by the court
Whether the First Information Report alleging illegal transaction of property should be quashed in the absence of material establishing the petitioner's ownership.
Whether the allegations in the FIR are sufficient to make out a cognizable offence.
Rishi Kumar Goyal
State of U.P.
Sunita Agarwal
Sadhna Rani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
