Court No. - 44
Case :- CRIMINAL MISC. WRIT PETITION No. - 2060 of 2021 Petitioner :- Mohammad Washeem Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Vishnu Pandey Counsel for Respondent :- G.A.
Hon'ble Manoj Kumar Gupta,J. Hon'ble Mohd. Aslam,J.
Heard Sri Vishnu Pandey for the petitioner and Sri Deepak Mishra, learned AGA for the State.
The present writ petition has been filed by the petitioner, praying for quashing of the First Information Report, registered as Case Crime No. 0735 of 2020 under Section 419, 420, 467, 468, 471 IPC, PS Cantt. District Varanasi, with a further prayer to stay his arrest during pendency of investigation of the said case.
The sole submission of learned counsel for the petitioner is that the petitioner whose name is Mohd. Washeem, is being wrongly harassed and so is his family, although the accused of the case is one Wasim Ahmad, who has no connection with the petitioner. It is further submitted that the petitioner is presently residing in Dubai and is working as a driver there and had never applied for arms license, nor its renewal and the alleged police report that the documents issued from the police station do not bear the stamp of the concerned police station, but had been forged, is palpably incorrect.
Learned AGA points out that charge sheet has already been submitted against co-accused Meraj Ahmad on 19.11.2020, but since the petitioner has not made himself available for investigation so far, consequently report under Section 173(2) CrPC has yet not been submitted and the investigation is still pending against other accused Wasim Ahmad.
According to the FIR version, the accused Wasim Ahmad had succeeded in getting arms license issued in his name by submitting forged documents and by giving wrong address. On inquiry from the concerned police station, it transpired that the documents supposedly issued by the concerned thana and used by the accused in getting the arms license renewed, does not bear the genuine stamp of the police station, but a forged one. There is also no entry regarding issuance of any such report by the concerned police station in the order book maintained at the thana. The accused Wasim Ahmad was summoned for inquiry at the police station, but he did not appear and consequently recommendation was made for initiating proceedings for cancellation of the arms license. District Magistrate, Varanasi thereupon by order dated 17.9.2020 suspended the arms license. During course of inquiry, it transpired that Wasim Ahmad, son of Azeemullah, is resident of Bawli Singaura Bazar, Thana Phoolpur, District Varanasi. On inquiry at the given address, it transpired that the accused is presently residing at Dubai. He was contacted on mobile phone through the help of his relatives. He told that he was earlier working as driver of one Meraj Ahmad and he got the arms license prepared in the name of the accused. After he left the country, it is Meraj Ahmad who is getting the license renewed. On inquiry, it transpired that Meraj Ahmad is a history sheeter. There are cases pending against him for murder and other offences.
A perusal of the cause title reveals that although the instant petition has been filed by Mohd. Washeem, but he has shown himself as son of Mohd. Azeemullah. According to the FIR, the arms license was in name of Wasim Ahmad, son of Azeemullah. The question as to whether the petitioner is same person or not is a matter of investigation and cannot be decided by this court in exercise of writ jurisdiction. The allegations in the FIR if taken at their face value are of serious nature, clearly disclosing commission of cognizable offence and therefore, we do not find any good ground to quash the same.
The writ petition lacks merit and is accordingly dismissed.
(Mohd. Aslam, J.) (Manoj Kumar Gupta, J.) Order Date :- 12.8.2021 Jaideep/-
Digitally signed by Manoj Kumar Gupta Date: 2021.08.12 16:58:36 IST Reason: Document Owner Location: High Court of Judicature at Allahabad Digitally signed by MOHAMMAD ASLAM Date: 2021.08.12 17:00:05 IST Reason: Document Owner Location: High Court of Judicature at Allahabad