Case :- CRIMINAL MISC. WRIT PETITION No. -…
The writ petition was dismissed as no good ground exists to interfere at this stage.
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Court No. - 44
Case :- CRIMINAL MISC. WRIT PETITION No. - 5377 of 2021
Petitioner :- Jitendra Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Virendra Singh,Sarvesh Kumar Dubey
Counsel for Respondent :- G.A.
Hon'ble Mrs. Sunita Agarwal,J. Hon'ble Mrs. Sadhna Rani (Thakur),J.
Heard learned counsel for the petitioner, learned A.G.A for the State - respondents and Sri Prashant Saxena, learned Advocate for the respondent.
It is contended by the learned counsel for the petitioner that the petitioner and his wife are the elected B.D.C. member/Kshetra Panchayat Sadasya of the concerned block. The first information report in question has been lodged on account of the village partibandi.
No offence whatsoever is made out from the perusal of the first information report.
It is contended that in the entire first information report there is no allegation of commission of any of the offence by the petitioner or at his instance.
Learned counsel for the respondent-complainant, however, submits that the plot in question, which has been shown as residential plot of Krishna Kunj Colony is owned by the petitioner herein. The co-accused Neelesh Kumar had acted on behalf of the petitioner and the entire transaction made by the co-accused was at the instance of the petitioner.
In the written instructions supplied by the learned A.G.A. it is indicated that another Criminal Case No. 0530 of 2020 had been lodged against the petitioner herein at the Police Station Maudarwaja, District Fatehgarh
Be that as it may, having perused the allegation in the first information report and the admitted fact of the matter that the plot in question is owned by the petitioner herein, we are of the considered view that the extent of involvement of the petitioner in the alleged crime can only be ascertained by the Investigating Officer during the course of the investigation. The truth of the
allegations in the first information report cannot be examined by us within the scope of Article 226 of the Constitution of India as the merits and demerits of the allegations cannot be seen by us.
However, any interference at this stage may impede the speedy investigation. We, therefore, do not find any good ground to interfere in the writ petition. The same is, accordingly, dismissed .
Order Date :- 9.9.2021 gp
3 issues framed by the court
Whether the writ court can ascertain the extent of petitioner's involvement in the alleged crime at this stage.
Whether interference at this stage may impede the speedy investigation.
Whether the court finds any ground to interfere in the writ petition.
Jitendra
State Of U.P.
Sunita Agarwal
Sadhna Rani (Thakur)
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
