RAIS AHMAD v. STATE OF U.P. THRU. PRIN. SECY. HOME AND OTHERS
CRLP/479/2025 · 2025-01-23
Om Prakash Shukla, Sangeeta Chandra
body2025
DailyLaw.ai
[ 2025 DAILYLAW 118546 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 118546 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:4562-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 479 of 2025 Petitioner :- Rais Ahmad Respondent :- State Of U.P. Thru. Prin. Secy. Home And Others Counsel for Petitioner :- Shiv Sharan Singh Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Om Prakash Shukla,J.
1. Heard learned counsel for the petitioner and learned A.G.A., who appears on behalf of State-respondents. 2. This petition has been filed with the following prayers :-
"I. Issue a writ, order or direction in the nature of certiorari quashing the impugned First Information Report dated 16-11-2023 registered as Case Crime No./F.I.R. No.0459 of 2023, under Sections 419, 420, 467, 468, 471 I.P.C., Police Station Biswan, District Sitapur, as contained in Annexure No.1 to this writ petition. II. Issue a writ, order or direction in the nature of mandamus directing the opposite parties not to arrest the petitioner on the pretext of impugned First Information Report dated 16-11-2023 registered as Case Crime No./F.I.R. No.0459 of 2023, under Section 419, 420, 467, 468, 471 I.P.C., Police Station Biswan, District Sitapur."
3. It is the case of the petitioner that he has been falsely implicated in the impugned F.I.R. During investigation, the Investigating Officer has recorded the statement of the co- accused person, Chhotkau Singh and he has categorically stated that the sale deed has been executed on the statement of the petitioner. It has been submitted that only on the basis of confessional statement of the co-accused persons, Chhotkau Singh, the Investigating Officer has falsely implicated the petitioner. He has not committed any offence. 4. Learned A.G.A. has produced before this Court detailed instructions sent by one Shyamu Kannaujia, Sub Inspector, P.S. Biswan, District Sitapur dated 20.01.2025, wherein it has been stated that initially the complainant had lodged an F.I.R. through an application under Section 156(3) Cr.P.C., in which he stated that he had gone on 13.03.2023 to Tehsil Biswan to get his green card which is made of farmers and he came to know that gata No.437 had been sold off by him, he made certain enquiries from the registry in Registrar's Office and came to know that some imposter had been set up to pose as tenure holder. 5.
5. Having gone through the instructions that have been placed on record, we also find from the same that the petitioners are an accused in at least four other criminal cases under different sections of the I.P.C. He has not disclosed such criminal antecedents in the writ petition. 6. The instructions is kept on record. 7. In view of the above, the writ petition is dismissed accordingly. Order Date :- 23.1.2025 Shubhankar Digitally signed by :- SHUBHANKAR THAKUR High Court of Judicature at Allahabad, Lucknow Bench