This court dismissed a criminal miscellaneous writ petition seeking to quash an FIR on the ground of false implication due to a typo in the referenced case number. The court held no good reason to interfere as the FIR disclosed an offence, deciding the matter without expressing an opinion.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 46
Case :- CRIMINAL MISC. WRIT PETITION No. - 7193 of 2021
Petitioner :- Pankaj Kumar Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Manvendra Singh Counsel for Respondent :- G.A.
Hon'ble Surya Prakash Kesarwani,J. Hon'ble Gautam Chowdhary,J.
Heard Sri Manvendra Singh, learned counsel for the petitioner and Sri Rishi Chaddha, learned Standing Counsel for the State.
On 1.9.2021 the following order was passed:
"The contention of the learned counsel for the petitioner is that the criminal case namely, Case Crime No.224 of 2020, under Sections 411, 413, 414, 419, 420, 467, 468, 471, 188, 269, 270 I.P.C. and 3 Epidemic Disease Act, Police Station- Kotwali, District- Fatehpur, mentioned in the gang chart at page-'26' of the writ petition is a wrong report provided by the Station House Officer concerned in order to falsely implicate the petitioner under the Gangster Act.
The submission is that the petitioner is neither involved in the aforesaid said criminal case nor is wanted though the investigation is still pending.
Learned A.G.A. prays for and is granted two weeks' time to seek instructions.
Let this matter be posted as fresh on 16.09.2021.
The written instructions shall be placed before the Court on the next date fixed."
Today Sri Rishi Chaddha, learned A.G.A. states on instructions that in the gang chart due to typing error, the case crime No. 224 has been mentioned instead of case crime No. 324. Thus, the gang chart is not incorrect but there is merely a typing error in mentioning the figure of case crime number.
After perusing the impugned F.I.R., we do not find any good reason to interfere with it inasmuch as it discloses commission of offence. Therefore, the writ petition is dismissed without expressing any opinion on merits of the case of the petitioner.
Order Date :- 8.10.2021 RPD
2 issues framed by the court
Whether the High Court should interfere with the FIR alleging false implication as a ground for quashing under the Gangster Act.
Whether Secretariat typing errors in the referenced case number justify dismissal of the petition without merits.
Pankaj Kumar
State Of U.P.
Surya Prakash Kesarwani
Gautam Chowdhary
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
