Hon'ble Mrs. Saroj Yadav,J.
Heard Shri Manoj Kumar Singh, learned counsel for the petitioner, Shri R.P. Singh, learned counsel for respondent no.3, Smt. Smiti Sahay, learned A.G.A. for the State-respondents no.1, 2 and 3 and perused the impugned F.I.R. as well as material brought on record.
Learned counsel for the petitioner prays for and is permitted to correct the description of petitioner no.4 during the course of the day.
The present writ petition has been filed by the petitioner, namely, Ajmat Ali @ Bhuri with a prayer to quash the impugned FIR dated 08.04.2021, lodged by respondent no.4, vide FIR No.0152 of 2021, under Sections 419, 420, 467, 468, 471 I.P.C. & Section 3 of Prevention of Damages to Public Property Act, Polcie Station Dargah Sharif, District Bahraich with a further prayer to not proceed against the petitioner pursuant to the said FIR.
It has been argued by learned counsel for the petitioner that in respect of sale of Nazul land, an FIR has been lodged against the petitioner which was registered as FIR No.0476 of 2020, under Sections 419, 420, 467, 468, 471 I.P.C., Police Station Dargah Sharif, District Bahraich. In the said FIR, on the basis of revenue record, the police has submitted charge sheet against the petitioner in which it has been mentioned that 38 gatas were identified by the revenue team on 11.12.2020 and the report of revenue team is still awaited and after receiving the report, supplementary charge sheet will be filed. Thereafter, four cases under the Gangster Act have been slapped against the petitioner in which he has been bailed out. He next submits that the petitioner belongs to Samajwadi Party and he has been falsely implicated in the present case due to political enmity. He further submits that the impugned FIR has been lodged against the petitioner with the allegation as was subject matter of earlier FIR No.0476 of 2020. The entire allegations made in the impugned FIR is a frivolous one and the same has been lodged against the petitioner just to harass him, hence the impugned FIR is liable to be quashed.
Learned counsel for respondent no.4 as well as learned A.G.A., on the other hand, opposed the prayer for quashing of the FIR and states that it transpires from the impugned FIR that there is specific allegation against the petitioner for selling the Nazul property fraudulently. They further argued that from a perusal of F.I.R., it cannot be said that no cognizable offence is made out against the petitioner, therefore, the present petition is liable to be dismissed.
Having examined the submissions advanced by learned counsel for the parties and gone through the allegations made in the impugned FIR, which discloses cognizable offence against the petitioner, therefore, 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.
The petition lacks merit and is, accordingly, dismissed.
The party shall file computer generated copy of order downloaded from the official website of High Court Allahabad, self attested by it alongwith a self attested identity proof of the said person(s) (preferably Aadhar Card) mentioning the mobile number(s) to which the said Aadhar Card is linked, before the concerned Court/Authority/Official.
The concerned Court/Authority/Official shall verify the authenticity of the computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
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(Mrs. Saroj Yadav,J.) (Ramesh Sinha, J.) Order Date :- 27.7.2021 Anand/-