Criminal Misc. Writ Petition filed to quash an FIR. Court held petitioner could not prove ownership of the plot allegedly sold, ingredients of offence made out, and dismissed the writ petition.
Petition for quashing the FIR was dismissed as the ingredients of the offence were made out due to lack of proof of ownership.
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Court No. - 48
Case :- CRIMINAL MISC. WRIT PETITION No. - 10821 of 2022 Petitioner :- Amit Joshi Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ashutosh Sharma Counsel for Respondent :- G.A.
Hon'ble Suneet Kumar,J. Hon'ble Syed Waiz Mian,J.
Heard learned counsel for the petitioner and learned AGA for the State.
This petition has been filed with the prayer to quash the impugned first information report dated 22.11.2021 which was registered as Case Crime No. 582 of 2021 for the offence punishable under Sections 420, 467, 468, 471 and 120B IPC, Police Station - Behat Gate, District - Saharanpur.
On specific query, learned counsel for the petitioner is unable to show from the record as to whether he was owner and having title of the plot which is alleged to have been transferred by him. The property is in the ownership of International Institute of Telephone Technical Society.
Having regard to the allegations made in the first information report and the materials placed on record, we are of the view that ingredients of the offence against the petitioners is made out, accordingly this petition is dismissed .
Order Date :- 31.8.2022 Arif
Digitally signed by MOHAMMAD ARIF Date: 2022.09.01 14:01:58 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the petition to quash the First Information Report based on insufficient evidence regarding ownership should be allowed.
1 provisions across 1 enactments
Amit Joshi
State Of U.P.
Suneet Kumar
Syed Waiz Mian
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
