Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 23700 of 2019 Petitioner :- Yogendra Pratap Singh Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Manoj Kumar Singh,Sujan Singh Counsel for Respondent :- G.A.,Ajay Kumar,Vijendra Kumar Mishra
Hon'ble Manoj Misra,J.
Hon'ble Virendra Kumar Srivastava,J.
Heard learned counsel for the petitioner; learned AGA for respondents 1 to 4; Sri S.N. Singh and Sri V.K. Mishra for respondent no.5 and perused the record.
The instant petition seeks quashing of the first information report dated 29th September, 2019 registered as Case Crime No.494 of 2019, under Sections 419, 420, 467, 468, 471, 504 and 506 IPC and Section 3(2)(V) of Scheduled Caste and Scheduled Tribes Act at Police Station Shahpur, District Gorakhpur.
The petitioner is one of the accused persons in Case Crime No.494 of 2019 which has been registered at the instance of respondent no.5.
Five persons have been named in the first information report. The allegations that fraud was played by the other four accused in execution of an instrument has been clearly spelled out in the first information report. The allegation as against the petitioner is that the petitioner in the capacity of Sub Registrar got the instrument registered which was not even presented by its executant.
Learned counsel for the petitioner has sought to contend that the document was not registered and in fact the registration was kept in abeyance because it was not presented by the executant and therefore the allegation as against the petitioner is absolutely false.
Certified copy of the instrument is there on record as Annexure-'4' to the writ petition. At page 78 of the paper book, the petitioner has signed at three places. In the bottom of the said page, it is written as follows:
^^ feuV cqd la[;k 8 n~okjk fuca/ku dh dk;Zokgh izkjEHk dh xbZA cgh la[;k 1 ftYn la[;k 14703 ds i`"B 189 ls 212 rd dzekad 1994 ij fnukad 27@02@2019 dks jftLVªhd`r fd;k x;kA^^ Immediately below that there is a hand written note, which reads as follows:
^^ feuV cqd la[;k 21 ds dze la[;k 8 fnukad 27-2-2019 dks fodzsrk &jkepUnj o jkevkljs o jkev/kkjs dk;kZy; esa fu"iknu fnukad ls pkj ekg rd mifLFkr u gksus ij jftLVª'ku eSuqvy Hkkx 2 dh /kkjk 248 ds vUrxZr ys[kiky dks fucU/ku ls budkj fd;k x;kA o dzsrk dSyk'kh nsoh ds rjQ ls tkjh fd;k x;kA The signature of the petitioner appears at both the places.
The issue that needs to be investigated is whether the hand written note was put subsequently only by way of defense to avoid the consequences of the earlier registration of the document even though it was not presented by the executant.
Under the circumstances, the prayer of the petitioner to quash the first information report cannot be accepted as the matter would have to be investigated.
The petition is dismissed without prejudice to the right of the petitioner to apply for bail or anticipatory bail, as may be advised.
Order Date :- 27.11.2019. Rks.