The High Court dismissed a criminal miscellaneous writ petition seeking quashing of an FIR alleging execution of a sale deed by an imposter. Finding the allegations serious and the vendor untraceable, the Court held interference was not made out.
Prayer to quash the FIR is rejected; writ petition dismissed.
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Neutral Citation No. - 2023:AHC:170987-DB
Court No. - 43
Case :- CRIMINAL MISC. WRIT PETITION No. - 12614 of 2023 Petitioner :- Sushil Kumar Shukla And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Arun Kumar Singh,Prakash Narayan,Yogendra Misra
Counsel for Respondent :- G.A.,Babu Lal Ram
Hon'ble Anjani Kumar Mishra,J. Hon'ble Vivek Kumar Singh,J.
Heard learned counsel for the petitioner, learned counsel for the first informant, learned A.G.A. for the State and perused the record.
The instant writ petition seeks quashing of the FIR dated 25.07.2023 giving rise to Case Crime No.0202 of 2023, under Sections 147, 406, 420, 467, 468, 471, 120-B, 323, 504, 506 I.P.C., Police Station- Kotwali, District- Kanpur Nagar.
This Court vide order dated 10.08.2023 directed learned AGA to obtain instruction and to get the photograph of the vendor appended on the sale deed verified.
Learned AGA has stated that the phone number of the vendor is that of another person and the vendor is not available on the address mentioned in the sale deed and therefore, the photograph of the vendor could not be verified.
Upon hearing learned counsel for the parties and upon a perusal of the record, we find that under the circumstances and since the vendor is not traceable and the allegation in the F.I.R. is that the sale deed has been executed by an imposter, no case for interference is made out.
Moreover, the allegations made in the First Information Report clearly disclose commission of cognizable offences and the allegations are serious in nature. Therefore, prayer of the petitioner to quash the First Information Report is completely misconceived and is rejected.
The writ petition is therefore dismissed, without prejudice to the right of the petitioners to apply for bail/anticipatory bail.
Order Date :- 24.8.2023 Bhanu
Digitally signed by :- BHANU PRATAP KUSHWAHA High Court of Judicature at Allahabad
1 issue framed by the court
Whether the allegations in the FIR disclosing a sale deed executed by an imposter constitute a prima facie case requiring quashing.
Sushil Kumar Shukla And 2 Others
State Of U.P. And 2 Others
Hon'ble Anjani Kumar Mishra
Hon'ble Vivek Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
