Court No. - 33
Case :- CRIMINAL MISC. WRIT PETITION No. - 1256 of 2019 Petitioner :- Ali Ahmad And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Awadh Bihari Pandey,Vinay Saran Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J. Hon'ble Vivek Varma,J.
Heard Sri Vinay Saran, learned counsel for the petitioners, learned A.G.A. for the State-respondent nos.1 and 2, and Sri Umar Zamin, learned counsel for the respondent no.3.
The instant petition seeks quashing of the FIR dated 08.01.2019 registered as Case Crime No.0030 of 2019, under Sections 147, 148, 149, 323, 504, 506, 394, 342, 364, 120B I.P.C. and Section 7 Criminal Law Amendment Act, at P.S. Dhoomanjganj, District Prayagraj (Allahabad).
The allegation in the FIR is that the informant along with his friend was lifted from road side and forcibly taken to meet ex member of parliament, who is incarcerated in District Jail Deoria, where the informant was threatened to execute a sale deed.
The petitioner is one of those, who participated in the incident.
Learned counsel for the petitioners submitted that the allegations are false; the FIR is highly belated; and that there is history of past litigation between the parties and, in fact, the informant in another case had been a co-accused with ex member of parliament, incarcerated in District Jail Deoria, therefore, the allegations appear to be highly unbelievable.
Be that as it may, it is well settled that the correctness of the allegations are not to be ordinarily tested in writ jurisdiction.
Looking to the manner in which the incident is alleged to have occurred, the delay in lodging the FIR itself would not be fatal for the prosecution. Therefore, no case for interference is made out.
The petition is dismissed. Order Date :- 21.1.2019/Ajeet