Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 25804 of 2019 Petitioner :- Shashikant And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Saurabh Kumar Pandey Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J. Hon'ble Gautam Chowdhary,J.
The instant petition seeks quashing of the First Information Report dated 12.04.2019, registered as Case Crime No. 0046 of 2019, under Section 419, 420, 467, 468, 471, 294, 504, 506 I.P.C., at P.S.-Nijamabad, District- Azamgarh.
The contention of the learned counsel for the petitioners is that although several other allegations have been made in the First Information Report but they are ornamental in nature, whereas the thrust of the allegations is that the accused are staking claim over the property of the informant and they have got their name recorded in the official records.
It has been submitted that there is no specific allegation as regards creation of any false document though it is alleged that they have set up a false claim.
It has been contended that allegations disclose only civil cause of action and, therefore, the registration of First Information Report is not justified.
From the allegations made in the First Information Report it appears that there is allegation of setting up a false title by fabricating official records although the details of such fabrication have not been provided but as it is well settled that the First Information Report need not be an encyclopedia of the allegations, the prayer of the petitioners to quash the First Information Report cannot be accepted.
However, considering the facts and circumstances of the case as also that there appears a dispute with regard to the property, we deem it appropriate to dispose off the petition by providing that the investigation of the above case shall continue and brought to its logical conclusion but the petitioners shall not be arrested till submission of police report under Section 173(2) Cr.P.C., provided they cooperate in the investigation and submit themselves for interrogation as well as for providing specimen signature and thumb impression as and when required by the investigating officer.
Order Date :- 18.12.2019/AKShukla/-