Court No. - 40
Case :- CRIMINAL MISC. WRIT PETITION No. - 1904 of 2021 Petitioner :- Shakir Ali Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Syed Ahmed Faizan,Fatma Anjum,Syed Farman Ahmad Naqvi(Senior Adv.),Zaheer Asghar Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J.
Hon'ble Rohit Ranjan Agarwal,J.
Heard Sri SFA Naqvi, learned senior counsel, appearing for the petitioner through video conferencing; the learned A.G.A. for the respondents 1, 2 and 3; and perused the record.
The instant petition seeks quashing of the first information report dated 19.12.2020 registered as Case Crime No. 0451 of 2020, under Sections 409, 419, 420, 467, 468 IPC; P.S. Turk Patti, District Kushi Nagar.
The impugned first information report has been lodged by alleging that the petitioner had set up a false/forged certificate of his date of birth. It is alleged that the correct date of birth of the petitioner is 17.10.1963 whereas the petitioner has submitted a false class 8th pass transfer certificate disclosing his date of birth as 04.08.1968.
The learned counsel for the petitioner has submitted that in respect of the dispute relating to date of birth, the department has also issued a show cause notice dated 04th April 2020 in which the proceedings are pending; and that the fourth respondent has no locus to lodge the impugned first information report. It has been submitted that the fourth respondent and the petitioner are in litigation and there are several first information reports inter se them, and the impugned first information report is mala fide.
The aforesaid contention cannot be accepted at this stage because it is well settled that for lodging FIR, except for certain offences, locus does not count, as, ordinarily, a crime is supposed to affect the society at large. The category of offence which has been reported by the fourth respondent is one for which no special locus is required. Otherwise also, we find from the record that the department has also initiated proceeding against the petitioner for setting up a forged date of birth certificate.
Under the circumstances, the matter will have to be investigated and therefore the prayer to quash the first information report cannot be accepted.
The petition is dismissed without prejudice to the right of the petitioner to apply for bail/anticipatory bail, as may be advised.
Order Date :- 7.4.2021 Sunil Kr Tiwari