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2015 Supreme(All) 474

AJAI LAMBA, AKHTAR HUSAIN KHAN
MANJU MISRA – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Counsel :
Gopal Trivedi and Lalit Kishore Pandey for the Petitioner; A.G.A., Arun Sinha, Riyaz Ahmad and Siddharth Sinha (Caveator) for the Respondents.

JUDGMENT

By the Court.—This petition seeks issuance of a writ in the nature of certiorari quashing First Information Report lodged as Case Crime No. 131 of 2015 under Sections 420, 504, 506, 467, 468, 471 I.P.C., P.S. Bakshi Ka Talab, district Lucknow (Annexure-1).

2. In the second prayer, the petition seeks issuance of a writ in the nature of mandamus directing the Investigating Officer not to arrest the petitioner in connection with Case Crime No. 131/2015 under Sections 420, 504, 506, 467, 468, 471 I.P.C., P.S. Bakshi Ka Talab, district Lucknow.

3. Learned counsel appearing for the petitioner states at the outset that the petitioner does not press the petition in regard to the first prayer, noted above. The petitioner presses for grant of second prayer in view of peculiar facts and circumstances of the case, viz. the First Information Report is against a number of persons. The petitioner is only one of such accused, however, not a beneficiary in the transaction.

4. Contention of learned counsel for the petitioner is that the petitioner is not a beneficiary; rather will not get the property at issue on account of actions of the main accused. It has been alleged in the First Inform



























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