Court No. - 33
Case :- CRIMINAL MISC. WRIT PETITION No. - 13790 of 2019 Petitioner :- Chandra Bhan Gupta Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Awadh Narain Rai,Mrigraj Singh Counsel for Respondent :- G.A.,Anil Kumar Dhaka,Archit Mandhyan,Rishabh Kumar
Hon'ble Manoj Misra,J. Hon'ble Suresh Kumar Gupta,J.
Heard learned counsel for the petitioner; learned A.G.A. for the respondents 1, 2 and 3; Sri Archit Mandhyan for the respondent no.4; and perused the record.
The instant petition seeks quashing of the first information report dated 20.04.2019 registered as Case Crime No.182 of 2019, under Sections 419, 420, 504, 506 IPC, P.S. Kotwali, District Ballia.
The contention of the learned counsel for the petitioner is that although it is alleged in the first information report that the petitioner has obtained appointment by setting up a false and fabricated caste certificate in respect of his caste "Turaiha" as a Scheduled Caste but there is no allegation that the caste certificate issued in his favour was a fabricated or a false document within the meaning of Section 464 IPC and, that apart, the proceeding in respect of cancellation of the caste certificate is still pending, therefore, no offence punishable under Section 420 IPC can be said to have been made out. It has been submitted that no charge of forgery or using a forged certificate has been levelled against the petitioner. It has been submitted that the allegation that threats are being extended has been made to add colour.
Be that as it may, as correctness of the allegations made in the first information report is not ordinarily to be tested in the writ petition and, admittedly, proceedings are pending in respect of cancellation of caste certificate, therefore, the prayer of the petitioner to quash the first information report cannot be accepted.
However, considering the facts and circumstances of the case, keeping in mind that, as on date, there is no charge of forgery or of using forged document, we deem it appropriate to dispose off this petition by providing that investigation of the case shall continue and brought to its logical conclusion but, subject to petitioner's cooperation in the investigation, he shall not be arrested in the aforesaid case till submission of police report under Section 173(2) Cr.P.C.
Order Date :- 29.5.2019 AKShukla/-