Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 24133 of 2019 Petitioner :- Ravi Dutt Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Shailendra Pratap Singh Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J.
Hon'ble Virendra Kumar Srivastava,J.
Heard learned counsel for the petitioner; learned A.G.A. for the respondents 1 and 2; and perused the record.
The instant petition seeks quashing of the first information report dated 01.06.2019 registered as Case Crime No.1170 of 2019, under Sections 420, 406, 447, 448, 353, 467, 468, 471 IPC and Section 2/3 of Prevention of Damage to Public Property Act, P.S. Sahibabad, District Ghaziabad.
The allegation in the impugned first information report is that land belonging to the State pertaining to Class 6(1) has been disposed off by the petitioner to make pecuniary gain and construction has also been raised thereby causing loss to public property. The allegation further discloses that when an order was passed by the High Court to ensure eviction of unauthorized occupants, they also resisted the official team and thereby interfered in performance of official functions.
The contention of the learned counsel for the petitioner is that the land had come to the petitioner on account of allotment made by the Nagar Palika.
It is well settled that defence of an accused is not to be considered at this stage. Further, whether Nagar Palika had any right to make such allotment and whether such allotment is forged or fraudulent are all questions of fact which would have to be determined on the basis of the material collected during investigation and evidence led in trial.
Under the circumstances, the prayer of the petitioner to quash the first information report cannot be accepted. The petition is dismissed without prejudice to the right of the petitioner to seek for bail or anticipatory bail as per advice.
Order Date :- 28.11.2019 AKShukla/-