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Wali Mohd. @ Ali Mohd., S/O- Sattar ... vs State Of U.P.,Thru. Prin. Secy., ...

High Court Of Judicature at Allahabad|02 April, 2010

JUDGMENT / ORDER

Hon'ble Vedpal,J.
Heard learned counsel for the petitioner and the learned Additional Government Advocate.
Under challenge in the instant writ petition is the FIR relating to Case Crime No.74/2010 under Sections 419/420/467468/471 IPC, Police Station Ranipur, District Bahraich.
We have gone through the contents of FIR as well as receipt issued by Tehsildar, Qaiserganj, Bahraich filed alongwith the supplementary affidavit.
There seems some dispute with respect to certain land upon which it has been alleged that the petitioner had encroached upon the same which belongs to respondent no.5. There is also some dispute with respect to the possession over the land in question.
As it comes out that as per allegation, some fraud has been committed with respect to getting said land transferred in the name of the petitioner.
In any case, since the FIR discloses the commission of cognizable offence, the same cannot be quashed but seeing the trivial allegations so levelled, we dispose of this writ petition with the direction that the petitioner shall not be arrested in the aforesaid case crime number until and unless some cogent and reliable evidence comes against him. However, the investigation shall go on and the petitioners shall cooperate with the investigation.
Order Date :- 2.4.2010 Tripathi
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Title

Wali Mohd. @ Ali Mohd., S/O- Sattar ... vs State Of U.P.,Thru. Prin. Secy., ...

Court

High Court Of Judicature at Allahabad

JudgmentDate
02 April, 2010