Court No. - 44
Case :- CRIMINAL MISC. WRIT PETITION No. - 7833 of 2021 Petitioner :- Dinesh And 4 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- R.K Singh Gaharwar Counsel for Respondent :- G.A.
Hon'ble Mrs. Sunita Agarwal,J. Hon'ble Mrs. Manju Rani Chauhan,J.
By means of the present petition, the petitioners herein seek for quashing of the First Information Report dated 27.03.2021 registered as Case Crime No.0050 of 2021 under Sections 420, 467, 468, 471, 120-B, I.P.C., P.S-Kotwali Nagar District- Aligarh.
It is contended by the learned counsel for the petitioners that the allegations in the first information report are of forgery committed by the petitioner herein. The assertions of the learned counsel for the petitioners is that the dispute is purely civil in nature, in as much as, civil suit seeking for permanent injunction has been filed by the petitioners herein in December, 2020 against the complainant/respondents.
Looking to the allegations in the first information report, it cannot be said that no cognizable offence is made out or the dispute is purely civil in nature. The merits of the allegations in the first information report cannot be examined by this Court.
The assertions of learned counsel for the petitioners that both the first information report had been lodged by the same person or with regard to the same subject matter is absolutely misconceived.
The writ petition is, accordingly, dismissed. Order Date :- 20.9.2021 Harshita