Court No. - 33
Case :- CRIMINAL MISC. WRIT PETITION No. - 2322 of 2019 Petitioner :- Amarpal Singh Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Chandravir Singh Raghuvanshi Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J. Hon'ble Vivek Varma,J.
Heard learned counsel for the petitioner, learned AGA for the State respondents and perused the record.
Instant writ petition seeks quashing of the FIR dated 4.1.2019 registered at Police Station Nagina, District Bijnor as Case Crime No. 0003 of 2019, under Sections 420, 467, 471 IPC.
Allegation in the FIR is that the accused Anil Kumar son of Umrao Singh, in collusion with Halka Lekhpal (petitioner), by playing fraud, has been able to obtain a Schedule Caste category certificate, even though he happens to be member of other Backward Class.
Contention of learned counsel for the petitioner is that the petitioner, who is Halka Lekhpal, has no role in award of the alleged caste certificate to Anil Kumar.
Be that as it may, whether the petitioner has any role in delivery of caste certificate to co accused Anil Kumar or not, is a matter of investigation. It is expected that the Investigating Officer before taking any coercive steps against the petitioner shall ascertain whether caste certificate provided to the co-accused is forged or not as also whether the petitioner had any role in providing caste certificate to co accused Anil Kumar.
With aforesaid observation, the writ petition is disposed off.
It is made clear that we have neither stayed the investigation nor we have expressed any opinion on the merits of the claim of the petitioner.
Order Date :- 29.1.2019 RavindraKSingh