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2025 DAILYLAW 154523 (ALL)

MOHAMMAD HAROON v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND OTHERS

CRLP/6812/2025 · 2025-07-29

Brij Raj Singh, Sangeeta Chandra

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:43808-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 6812 of 2025 Petitioner :- Mohammad Haroon Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And Others Counsel for Petitioner :- Puttu Lal Misra,Prince Verma Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Brij Raj Singh,J. 1. Heard learned counsel for the petitioner and learned A.G.A. for the State. 2. This petition has been filed with the following main prayer:- "Issue a writ, order or direction in the nature of 'Certiorari' thereby quashing the impugned First Information Report dated 01.07.2024 bearing FIR/Case Crime No.372 of 2024, U/s. 406, 419, 420, 506, 467, 468, 471, 120B of the IPC and Section 3(1)(Da), 3(1)(Dha), 3(2)(va), 3(2)(v) of the SC/ST Act, registered at Police Station- Antu, District- Pratapgarh (impugned FIR is contained in Annexure-01)" 3. It has been submitted by learned counsel for the petitioner that petitioner has been falsely implicated in the impugned F.I.R. It has also been submitted that the dispute is purely civil in nature which has been tried to be given criminal colour. He has pointed out that the co-accused has approached this court in Criminal Misc. Writ Petition No. 4461 of 2025: Subrati Ali Vs. State of U.P. and others, and the court has been pleased to grant interim protection by order dated 26.05.2025, a copy of which has been filed as annexure -9 to the writ petition. 4. Learned A.G.A. has produced before this Court a copy of instructions sent by Sri Shiv Narain Vaish, Investigating Officer, Circle Officer, City, Pratapgarh, wherein it has been stated that one of the named co-accused Jamil Ahmad has been arrested on 07.05.2025 and sent to jail. Insofar as Subrati Ali is concerned, Charge Sheet No.38 of 2025 has been prepared on 06.06.2025 and sent to the Supervisory Authority for onward submission to the Court. Insofar as Mohd. Haroon is concerned, instructions say that not only him but also Sakeena Begum, have been found to be involved in the fraud that have been committed upon the informant as per evidence collected till date. 5. Instructions are kept on record. 6. We have gone through the impugned F.I.R. and we find that allegation against the petitioner and the co-accused is that the petitioner Mohd. Haroon struck up a friendship with the informant and made him believe that there was some land in Village Baria Samudra which was available for sale. The informant bit the bait and bought the land on payment of consideration of Rs.2,70,000/- by a registered sale deed. However, he gave the original sale deed and also his photographs to Mohd. Haroon to enable him to move appropriate application for mutation of his name. The informant needed money in the year 2019 and when he met Mohd. Haroon and wanted his papers back so that he may sell off the land, Mohd. Haroon refused to give back the papers and also the informant was threatened and it was stated that the land belong to Mohd. Haroon as the sale deed had been executed by him. The informant thereafter went to the Tehsil office/ Kutchery and found that the informant's signatures were forged and his photographs were used being Scheduled Caste/ Reserved candidate. It appears that thereafter the land was sold off for a consideration of Rs.2,00,000/-. 7. After having examined the submissions advanced by learned counsel for the parties and perused the impugned F.I.R. as well as instructions produced by learned A.G.A., we are of the opinion that dishonest intention and commission of cognizable offence by the petitioner is apparent, hence, no interference is called for by this Court in its extraordinary power under Article 226 of the Constitution of India for quashing of the F.I.R. or for grant of any interim relief to the petitioner and accordingly, the present writ petition is dismissed. Order Date :- 29.7.2025 Rahul Digitally signed by :- RAHUL TRIPATHI High Court of Judicature at Allahabad, Lucknow Bench