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Mansha Ram & Anr. vs State Of U.P. Thru Prin. Secretary ...

High Court Of Judicature at Allahabad|11 February, 2021

JUDGMENT / ORDER

Hon'ble Rajeev Singh,J.
Heard Sri P.K. Singh Bisen, learned counsel for the petitioners, Ms. Farhat Jamal Siddqui, learned A.G.A. for the State and perused the record.
The present writ petition has been filed by the petitioners, namely, Mansha Ram and Alok Kumar, seeking quashing of the First Information Report of Case Crime No.686 of 2020, under Sections 419, 420, 406, 504, 506 I.P.C, Police Station Kotwali Nagar, District Raebareli with a further prayer to stay the arrest during the pendency of the investigation of the said case.
Learned counsel for the petitioners submits that the petitioners are not the marginal witnesses of the sale deed in question, as they are the witnesses of agreement to sale between the Rajendra Kumar and informant. He further submits that the petitioners have been dragged by the informant with oblique motive for harassment, hence the present F.I.R. is liable to be quashed.
Learned A.G.A. opposes the prayer for quashing of the First Information Report and submits that Rejendra Kumar opened a joint account with the informant and withdrew money, thus the involvement of the petitioners could not be ruled out, therefore, the present writ petition be dismissed.
After having examined the submissions advanced by the learned counsel for the parties and perused the impugned FIR, we are of the opinion that the impugned FIR discloses a cognizable offence against the petitioner, hence, no interference is called for by this Court in its extraordinary power under Article 226 of the Constitution of India for quashing of the FIR or for grant of any interim relief to the petitioner.
The petition lacks merit and is, accordingly, dismissed.
(Rajeev Singh, J.) (Ramesh Sinha, J.) Order Date :- 11.2.2021 Amit/-
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Title

Mansha Ram & Anr. vs State Of U.P. Thru Prin. Secretary ...

Court

High Court Of Judicature at Allahabad

JudgmentDate
11 February, 2021
Judges
  • Ramesh Sinha
  • Rajeev Singh