Court No. - 49
Case :- CRIMINAL MISC. WRIT PETITION No. - 17590 of 2020 Petitioner :- Aslam Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Daya Shanker Pandey Counsel for Respondent :- G.A.
Hon'ble Dr. Kaushal Jayendra Thaker,J. Hon'ble Gautam Chowdhary,J.
Heard learned counsel for the petitioner and learned A.G.A. for the State.
By way of this petition, a writ of certiori is asked, which cannot be granted for the reasons:-
(a) F.I.R. prima facie discloses that offence is committed.
(b) The petitioner is a named accused in the said F.I.R.
Submissions of the learned counsel for the petitioner are also considered by this Bench in the factual scenario as according to the petitioner, the complainant has already sold a plot and she is keeping an eye on his plot which is plot no. 35. Once she has already sold the plot, there is no question of lodging of present F.I.R. and the F.I.R. should be quashed by this Court exercising power under Article 226 of the Constitution of India.
We are pained to pen down that the ingredients of sections alleged are prima facie made out. In that view of the matter, we are not inclined either to interfere with the investigation or quash the F.I.R. Just because the lady has sold plot to somebody else would not mean that there is absence of prima facie material for the police to investigate.
Dismissed.
After dismissing the petition, a prayer is made by the learned counsel for the petitioner to permit him to withdraw the petition with liberty to the petitioner to apply for bail. It is open to the petitioner to apply for bail as it is his fundamental right for which no observation by this Court is necessary.
Order Date :- 6.1.2021 Ram Murti