KRISHNA KUMAR AND ANOTHER v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME LKO. AND OTHERS
CRLP/10058/2024 · 2025-01-03
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[ 2025 DAILYLAW 170616 (ALL) · dailylaw.ai ]
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[ 2025 DAILYLAW 170616 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:434-DB Court No. - 10 Case :- CRIMINAL MISC. WRIT PETITION No. - 10058 of 2024 Petitioner :- Krishna Kumar And Another Respondent :- State Of U.P. Thru. Addl. Chief Secy. Home Lko. And Others Counsel for Petitioner :- Nripendra Mishra Counsel for Respondent :- G.A.,Ashish Raman Mishra Hon'ble Vivek Chaudhary,J. Hon'ble Om Prakash Shukla,J.
1. Heard learned counsel for petitioner, Sri Ashish Raman Mishra, learned counsel for respondent no.4 and learned A.G.A. for State.
2. By means of this petition, petitioners have prayed for quashing of the First Information Report dated 09.11.2024 bearing Case Crime No.366 of 2024, under Section 419, 420, 506, 467, 468, 471, 120-B I.P.C., Police Station-Kotwali Nagar, District-Bahraich.
3. The allegation in the F.I.R. is that a forged will of Sattan son of Sukai was got registered by the main accused in which petitioners were witnesses. We have repeatedly put to the counsel for petitioners to show us the photograph of Sattan, son of Sukai to verify that it is the photograph of the same person whose photograph is affixed on the will, however, learned counsel for petitioners have not given answer to our query. He persistently argued that there is civil dispute going on between the parties and hence, petitioners should be granted interim protection as it is civil dispute.
4. Learned A.G.A. on instructions states that photograph on the will is of a forged person and not that of late Sattan.
5. Learned counsel for respondent no.4 also submits that it is not the photograph of the deceased Sattan and is of some other person.
6. From perusal of the F.I.R. and from facts of the case, prima facie a cognizable offence is made out.
7. In view thereof, we are not inclined to interfere with the impugned F.I.R. The writ petition is dismissed. Order Date :- 3.1.2025 Arti/- [Om Prakash Shukla,J.] [Vivek Chaudhary,J.] Digitally signed by :- ARTI MAURYA High Court of Judicature at Allahabad, Lucknow Bench