Dismissed

Rajeshwari Devi and Others v. State of U.P. Thru. Addl. Chief Secy. Home Lko. and Others

Allahabad HC17 Aug 2022CRLP/20901/2020

Case brief

AI extract

What is this about?

The court recalled an earlier order dismissing the writ petition and restored it. After examining the FIR and arguments regarding property fraud and false information, the court held the petition lacked merit and dismissed it as no extraordinary relief was justified.

What did the court decide?

The petition to quash the FIR and grant interim relief was dismissed.

Rajeshwari Devi and Others Vs State of U.P. Thru. Addl… — Quashing and FIR | Allahabad HC (2022)

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Court No. - 1

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Case :- CRIMINAL MISC. WRIT PETITION No. - 20901 of 2020

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Petitioner :- Rajeshwari Devi And Others Respondent :- State Of U.P. Thru. Addl. Chief Secy. Home Lko. And Others

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Counsel for Petitioner :- Gyanendra Kumar Pandey,Apoorv Pandey,Arvind Kumar Pandey,Prabhat Kumar Counsel for Respondent :- G.A.

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

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C.M. Application No.IA/4 of 2022

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Heard Shri Arvind Kumar Pandey, learned Counsel for the petitioners and Shri Ganesh Gupta, brief holder for the Staterespondents.

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The instant application has been filed for recalling of order dated 26.04.2022 passed by this Court by which the petition was dismissed as infructuous.

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Learned Counsel for the petitioners submits that the petition still survives.

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Cause shown in the affidavit filed in support of the instant application is sufficient.

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Accordingly, the application for recall of the order dated 26.04.2022 is allowed . The order dated 26.04.2022 is hereby recalled.

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The petition is restored to its original number.

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Order on petition

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The instant writ petition has been filed by the petitioners with the following prayers :-

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"(i). Issue a writ, order or direction in the nature of certiorari to quash the First Information Report No.0747 dated 24.09.2020, under Sections 419, 420, 467, 468, 471 I.P.C., P.S. Gomti Nagar, District Lucknow, lodged by opposite party no.6, as contained as Annexure No.10 to this writ petition.

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(ii) Issue a writ, order or direction directing the nature of mandamus commanding the respondent no.5 to proceed in accordance with law under Section 182 I.P.C. against the complainant (opposite party no.6) for tendering false information to the respondent no.4 to cause injury to the petitioners willfully, deliberately and intentionally without having any valid sale deed of EWS House No.4A/154 Vishal Khand, Gomti Nagar, Lucknow, executed by the Lucknow Development Authority, Lucknow in his favour as per identification certified therein vide Annexure No.7; sale deed executed by Lucknow Development Authority."

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It has been argued by learned counsel for the petitioners that the owner of the house in question has executed 'Gift Deed' in favour of petitioner no.1 and respondent no.6 has no concern with the said house and he only intends to grab the house in question by taking the benefit of similar name as that of the owner of the house in question and thus the impugned FIR lodged against the petitioners is liable to be quashed.

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Learned A.G.A., on the other hand, opposed the prayer of quashing of the impugned FIR and stated that respondent no.6 got a house under the category of 'Economically Weaker Section', which was allotted in his name by Lucknow Development Authority, which was being looked after by his brother (husband of petitioner no.1) and after the death of his brother, petitioner no.1, being deceitful nature got executed the house in question by way of Gift Deed by an imposter in the name of respondent no.6 and the execution of the said Gift Deed was witnessed by petitioner nos.2 and 3, thus, the impugned FIR discloses a cognizable offence and is not liable to be quashed.

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Having examined the submissions advanced by learned counsel for the parties and perusing the impugned F.I.R., which discloses cognizable offence against the petitioners, 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 petitioners.

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The petition lacks merit and is, accordingly, dismissed .

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

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Order Date :- 17.8.2022 Anand Sri./-

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Digitally signed by ANAND KUMAR SRIVASTAVA Date: 2022.08.23 17:09:38 IST Reason: Location: High Court of Judicature at Allahabad, Lucknow Bench

Rajeshwari Devi and Others v. State of U.P. Thru. Addl. Chief Secy. Home Lko. and Others

Case brief

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What did the court decide?

Rajeshwari Devi and Others v. State of U.P. Thru. Addl. Chief Secy. Home Lko. and Others

Case brief

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