Court No. - 40
Case :- CRIMINAL MISC. WRIT PETITION No. - 4999 of 2018 Petitioner :- Mubarak Respondent :- State Of U P And 2 Others Counsel for Petitioner :- Syed Ali Imam Counsel for Respondent :- G.A.
Hon'ble Amreshwar Pratap Sahi,J. Hon'ble Rajeev Misra,J.
Heard learned counsel for the petitioner and the learned A.G.A. for the State. The prayer is to quash the impugned first information report dated 22.01.2018 in Case Crime No.41 of 2018, under Sections 420, 406, 452, 323, 392, 427, 506 I.P.C.
Police Station Sambhal district Bhim Nagar.
The petitioner contends that a civil dispute has been given the colour of a criminal case when the relationship of the petitioner with the respondent no.3 is that of nephew and Uncle. Learned counsel submits that the respondent no.3 while he was away to get himself treated of his ailment the petitioner was honestly and devotedly looking after his business and it appears that after his return the respondent no.3 wanted to completely dislodge the petitioner thereby depriving him of his livelihood. It is this cause which impelled the third respondent to lodge an absolutely false first information report implicating the petitioner in respect of offences that were never committed.
Learned A.G.A. submits that the disclosure in the first information report is of cognizable offences.
Having heard learned counsel for the petitioner and keeping in view the nature of the offences alleged we are not inclined to quash the first information report. It is open to the petitioner to seek his remedy by way of bail which shall be considered with all expedition keeping in view the law laid down by the Apex Court in the case of Lal Kamlendra Pratap Singh Vs. State of U.P. reported in 2009 (3) ADJ 332 (SC) and Amrawati & another Vs. State of U.P. reported in 2004 (57) ALR 290.
The writ petition stands disposed of.
Order Date :- 27.2.2018 R./