Court No. - 29
Case :- CRIMINAL MISC. WRIT PETITION No. - 3929 of 2021 Petitioner :- Vijay Bahadur @ Vijay Kumar Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- M J Akhtar Counsel for Respondent :- G.A.
Hon'ble Pankaj Naqvi,J. Hon'ble Jayant Banerji,J.
Heard Sri V.M. Zaidi, learned Senior Counsel assisted by Sri M.J. Akhtar, learned counsel for the petitioner and Sri Gambhir Singh, the learned A.G.A.
This writ petition has been filed, seeking a writ of mandamus, directing the respondent concerned, not to arrest the petitioner, with a further prayer for quashing the impugned FIR dated 13.2.2021, in Case Crime no. 45 of 2021, under Sections 406, 420 IPC, P.S. Noorpur, District Bijnor.
Matter relates to usurpation of Ashram / Temple property, in which both the factions are leveling charges qua each other.
It is submitted by learned counsel for the petitioner that the impugned FIR is malafidely motivated, inasmuch as same is in retaliation to two civil suits filed by the petitioner, one for permanent injunction and other for cancellation of sale-deed executed by the informant, FIR has been lodged on false / vexatious / mischievous allegations, no offences are made out, FIR be quashed.
Learned AGA has opposed the submission.
We after perusing the FIR and the rival contentions, are of the view that the contentions raised by the petitioner cannot be examined in this jurisdiction, as FIR prima facie discloses commission of cognizable offences.
The writ petition lacks merit and is dismissed.
However, this order shall not be an impediment for the petitioner to seek anticipatory bail / bail as he may be advised.
Order Date :- 31.5.2021 N.S.Rathour Digitally signed by Justice Pankaj Naqvi Date: 2021.06.01 14:30:10 IST Reason: Document Owner Location: High Court of Judicature at Allahabad Digitally signed by Justice Jayant Banerji Date: 2021.06.01 14:31:30 IST Reason: Document Owner Location: High Court of Judicature at Allahabad