Dismissed

Umashankar Rai and Another v. State of U.P. and 3 Others

Allahabad HC10 May 2023CRLP/4297/2023

Case brief

AI extract

What is this about?

This criminal miscellaneous writ petition sought quashing of an FIR under multiple IPC sections and a request for stay on arrest. The Court held that the FIR disclosed cognizable offences and that no case was made out for interference based on established Supreme Court precedents, dismissing the petition.

What did the court decide?

Writ petition dismissed; petitioners left free to apply for bail/anticipatory bail.

Umashankar Rai and Another Vs State of U.P. and 3 Others — Quashing and FIR | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:101365-DB

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Court No. - 45

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Case :- CRIMINAL MISC. WRIT PETITION No. - 4297 of 2023

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Petitioner :- Umashankar Rai And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Phool Singh Yadav Counsel for Respondent :- G.A.,Pt. S.P. Sharma

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Hon'ble Vivek Kumar Birla,J. Hon'ble Surendra Singh-I,J.

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Heard Sri Phool Singh Yadav, learned counsel for petitioner, Pt. S.P. Sharma, learned counsel for the informant as well as Sri Rajesh Kumar Sachan, learned State Law Officer for the Staterespondents.

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Present petition has been preferred seeking to quash the impugned first information report dated 27.02.2023, registered as Case Crime No.110 of 2023, under Section 447, 420, 467, 468, 471 and 406 IPC, Police Station Mauranipur, District Jhansi. Further prayer has been made not to arrest the petitioners pursuant to aforesaid FIR.

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Submission of the learned counsel for the petitioners is that the petitioners have been falsely implicated in the present case due to ulterior motive and no offence as alleged has been made out against the petitioners.

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It was pointed out that co-accused Brijendra Khare approached this Court by filing Criminal Misc. Writ Petition No.5832 of 2023, which was dismissed by a Co-ordinate Bench of this Court vide order dated 17.04.2023, which is quoted as under:

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"Heard learned counsel for the petitioner, learned counsel for the first informant and learned A.G.A. for the State.

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The instant writ petition seeks quashing of the FIR dated 27.02.2023 giving rise to Case Crime No.0110 of 2023, under Sections 447, 420, 467, 468, 471, 406 I.P.C., Police Station- Mauranipur, District- Jhansi.

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It is contended that the report, which is the basis of the FIR against the petitioner has been read by him in court by his official duties.

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Be that as it may, the allegation in the FIR that the report submitted by the petitioner is false and fabricated. This can only be determined during investigation or during trial.

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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.

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The writ petition is therefore dismissed, without prejudice to the right of the petitioners to apply for bail/anticipatory bail."

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Learned counsel for the informant as well as learned AGA opposed the prayer for quashing the first information report, which discloses cognizable offence.

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In such view of the matter, we do not find any good ground to take a different view of the matter.

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Perusal of the impugned first information report prima facie reveals commission of cognizable offence. Therefore, in view of the law laid down by Hon'ble Supreme Court in the case of State of Haryana and others vs. Bhajan Lal and others, 1992 Supp. (1) SCC 335 and M/s Neeharika Infrastructure Pvt. Ltd. vs. State of Maharashtra, AIR 2021 SC 1918 and in Special Leave to Appeal (Crl.) No.3262/2021 (Leelavati Devi @ Leelawati & another vs. the State of Uttar Pradesh) decided on 07.10.2021, no case has been made out for interference with the impugned first information report.

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Therefore, the writ petition is dismissed leaving it open for the petitioners to apply before the competent court for anticipatory bail/bail as permissible under law and in accordance with law.

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Order Date :- 10.5.2023 Nitendra

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Digitally signed by :- NITENDRA TIWARI High Court of Judicature at Allahabad

Umashankar Rai and Another v. State of U.P. and 3 Others

Case brief

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Umashankar Rai and Another v. State of U.P. and 3 Others

Case brief

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