Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 25861 of 2019 Petitioner :- Son Pal Singh And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Arvind Kumar Dixit Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J. Hon'ble Gautam Chowdhary,J.
Heard learned counsel for the petitioners; the 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 07.12.2019 registered as Case Crime No. 291 of 2019 at P.S. Awagarh, District- Etah, under Sections 419, 420 I.P.C.
The allegations in the impugned first information report are that informant's brother Mitthu Lal died on 22.08.1994 and by setting up an impostor a deed was executed in his name on 10.02.2011.
The contention of the learned counsel for the petitioners is that Mitthu Lal is alive and that the allegations are false.
Whether the allegations are true or false would have to be determined on the basis of material collected during the course of investigation but since the first information report discloses commission of cognizable offence, the prayer of the petitioners to quash the first information report cannot be accepted.
The petition is dismissed without prejudice to the right of the petitioners to apply for bail or anticipatory bail as may be advised.
Order Date :- 19.12.2019 Sunil Kr Tiwari