Dismissed

Nazir Ahmad Alias Guddu v. State of U.P. Thru.Prin. Secy Home Dep, Civil Sect, Lko. Others

Allahabad HC28 Jan 2022/212/2022

Case brief

AI extract

What is this about?

Court dismissed the criminal miscellaneous writ petition seeking quashing of an FIR and interim protection from arrest, holding that the FIR made out a cognizable offence and the underlying civil suit was based on forged documents, negating the basis for quashing.

What did the court decide?

The petition seeking quashing of the FIR and interim relief has been dismissed as it lacks merit.

Nazir Ahmad Alias Guddu Vs State of U.P. Thru.Prin. Secy… — Quashing and FIR | Allahabad HC (2022)

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Court No. - 1

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Case :- CRIMINAL MISC. WRIT PETITION No. - 212 of 2022

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Petitioner :- Nazir Ahmad Alias Guddu Respondent :- State Of U.P. Thru.Prin. Secy Home Dep, Civil Sect, Lko. Others

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Counsel for Petitioner :- Anand Kumar Counsel for Respondent :- G.A.,Syed Aftab Ahmad

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Hon'ble Ramesh Sinha,J. Hon'ble Mrs. Saroj Yadav,J.

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On account of recent spike in the number of COVID-19 positive cases, it has been decided vide notice dated 09.01.2022 that the Courts shall function in virtual mode only, till further orders.

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In view of the above, the instant case has been taken up through Video Conferencing .

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Heard Shri Anand Kumar, learned Counsel for the petitioner, Shri S.P. Singh, learned A.G.A. for the State- respondent, Shri Sanjay Bhasin, Senior Advocate assisted by Shri Syed Aftab Ahmad, learned Counsel for respondent no.4 and perused the FIR as well as material brought on record.

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This writ petition has been filed by the petitioner - Nazir Ahmad @ Guddu with a prayer to issue a writ in the nature of certiorari to quash the impugned FIR dated 04.01.2022 bearing FIR No.0009 of 2022, under Sections 420, 467, 468, 471 I.P.C., Police Station Hargaon, District Sitapur with a further prayer to not arrest the petitioner in pursuance of the impugned FIR.

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It has been argued by learned Counsel for the petitioner that there is inordinate delay of 19 years in lodging the FIR with no explanation. He next argued that in the year 2011 after the death of his father, he came into possession over the property in dispute. On 30.10.2021 in collusion with others tried to make

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forcible possession over the land in dispute, against which the petitioner filed a Civil Suit No.739 of 2021 before Civil Judge (Senior Division), Sitapur against respondent no.4, which is pending and notice had been issued to respondent no.4 in the said civil suit. He next argued that when the respondent no.4 came to know about filing of said suit, he lodged the impugned FIR just for pressure tactics. The entire allegations levelled against the petitioner are absolutely false, frivolous and baseless, hence, the impugned FIR is liable to be quashed.

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Learned Counsel for respondent no.4 as well as learned A.G.A., on the other hand, opposed the prayer for quashing of the F.I.R. and submitted that the petitioner has filed civil suit on the basis of forged documents. They further submitted that from a perusal of F.I.R. cognizable offence is clearly made out against the petitioner, therefore, the present petition is liable to be dismissed.

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Having examined the submissions advanced by learned counsel for the parties, perusing the impugned F.I.R., which clearly shows that cognizable offence is made out against the petitioner, as well as considering the fact that the civil suit filed by the petitioner is based on forged documents, we are of the opinion that no interference is called for by this Court in its extraordinary power under Article 226 of the Constitution of India for quashing of the F.I.R. or for grant of any interim relief to the petitioner.

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The petition lacks merit and is, accordingly, dismissed .

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(Saroj Yadav, J.) (Ramesh Sinha, J.)

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Order Date :- 28.1.2022 Anand Sri./-

Nazir Ahmad Alias Guddu v. State of U.P. Thru.Prin. Secy Home Dep, Civil Sect, Lko. Others

Case brief

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Nazir Ahmad Alias Guddu v. State of U.P. Thru.Prin. Secy Home Dep, Civil Sect, Lko. Others

Case brief

What is this about?

What did the court decide?

What the court decided

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