Court No. - 46

Case :- CRIMINAL MISC. WRIT PETITION No. - 15630 of 2020

Petitioner :- Baijnath

Respondent :- State Of U P And 2 Others

Counsel for Petitioner :- Gaurav Kumar Srivastava

Counsel for Respondent :- G.A.

Hon'ble Bachchoo Lal,J.

Hon'ble Subhash Chandra Sharma,J.

A short counter affidavit filed on behalf of the State is taken on

record.

Heard learned counsel for the petitioner, learned A.G.A. for the

respondents no. 1 and 2 and perused the record.

The present writ petition has been filed by the petitioner for

quashing the first information report dated 3.2.2018 registered

as Case Crime No.21 of 2018, under Section 419, 420, 467,

468, 471 IPC, P.S.-Nautanwa, District Maharajganj with a

further prayer not to arrest the petitioner in pursuance of the

aforesaid FIR.

Learned counsel for the petitioner submits that this is a dispute

of civil nature and three civil suits are pending in the civil court

with regard to the disputed property. Informant is the second

wife of deceased Ram Prasad. She is not a legal heir of Ram

Prasad. The impugned FIR has been lodged only for the

purpose of harassment. The right and tittle with regard to the

disputed property shall be decided by the revenue authority. The

petitioner has not committed any forgery and fraud. No

cognizable offence is made out against the petitioner. In this

case, the final report was submitted by the investigating officer,

thereafter the order for further investigation has been passed,

therefore the impugned FIR is liable to be quashed.

Learned A.G.A., opposed the prayer for quashing the FIR and

argued that from allegation made in the first information report

a cognizable offence is made out against the petitioner,

therefore the impugned FIR is not liable to be quashed.

The impugned FIR has been lodged by the widow of Ram

Prasad, namely Kalawati with the allegation that the petitioner

with the collusion of revenue officer has got entered his name in

the revenue record showing the heir of Ram Prasad. It has

further been mentioned that the informant is real wife of Ram

Prasad and there is one daughter from the wedlock of deceased

Ram Prasad and informant and her daughter is also legal heir of

deceased Ram Prasad.

From the perusal of the first information report it cannot be said

that no cognizable offence is made out against the petitioner.

Considering the facts and circumstance of the case, we do not

find it a fit case for quashing the impugned FIR, therefore the

prayer for quashing the same is hereby refused and the writ

petition is dismissed.

Order Date :- 4.2.2021/A.