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1997 Supreme(All) 305

K.C.BHARGAVA, R.P.NIGAM
LALLU YADAV – Appellant
Versus
STATE OF U P – Respondent


Advocates Appeared:
D.S.MISHRA, R.S.Rastogi,

The petitioner has prayed for quashing of the F. I. R. in crime o. 456/96 under Sections 420/467/ 468/471 and 120-B of the I. P. C. relating to P. S. Kaiserbagh, Lucknow.

2. We have heard learned Counsel for the petitioner as well as learned Standing Counsel.

3. According to the learned Counsel for the petitioner, the petitioner has not committed any offence as mentioned in the F. I. R. A perusal of the F. I. R. will go to show that during the course of investiga tion of crime No. 418/96 under Section 223/224/120-R of I. P. C, it has come in the knowledge that constable No. 2335 Videsh Kumar, who was working in the lock up at Collectorate, Lucknow colluded with under trial Surajpal Yadav and the petitioner Lallu Yadav and in order to achieve the criminal intention they got prepared fake requisitions for production of the petitioner in the Court of C. J. M. , Lucknow on 5-10-96, 14-10-996, 15-10-96, 16-10-96, 19-10-96, 23-10-96, 30-10-96 and 31-10-96 when no such dates were feed in the case. In this way, they conspired to achieve unlawful gain and have thus committed the offences under the sections mentioned above.

4. A counter-affidavit has been filed by the State, in which it has


























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