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Radhey Shyam Jaiswal – Appellant
Versus
State of U.P. AND 3ORS – Respondent


Court No. - 50

Case :- CRIMINAL MISC. WRIT PETITION No. - 3971 of 2021

Petitioner :- Radhey Shyam Jaiswal

Respondent :- State Of U.P. And 3ors

Counsel for Petitioner :- Manoj Kumar Srivastava

Counsel for Respondent :- G.A.

Hon'ble Anjani Kumar Mishra,J.

Hon'ble Syed Aftab Husain Rizvi,J.

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

for the State.

The petitioner has challenged the 昀椀rst information report

dated 03.12.2020 giving rise to Case Crime No.891of 2020,

under Sections-419, 420, 467, 468, 471, 506 I.P.C., Police

Station- Kampearganj, District-Gorakhpur.

Contention of learned counsel for the petitioner is that one

Gulab Chandra is a bene昀椀ciary of the alleged fraudulent

entries in the revenue records where under a living person

was shown to be dead. Since the petitioner is not the

bene昀椀ciary of the so called, fraudulent entries, he is

entitled to relief.

On the other hand, learned A.G.A. submitted that the

fraudulent entries in the revenue records have secured by

the Gulab Chandra after obtaining a death certi昀椀cate of a

living person from the petitioner, who is the Pradhan of the

village.

He has also submitted that every applica

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