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Neutral Citation No. - 2025:AHC:29500-DB Court No. - 43 Case :- CRIMINAL MISC. WRIT PETITION No. - 3517 of 2025 Petitioner :- Raj Kumar Yadav Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Manoj Kumar Counsel for Respondent :- G.A. Hon'ble Vivek Kumar Birla,J. Hon'ble Mohd. Azhar Husain Idrisi,J.
1. Heard Sri Manoj Kumar, learned counsel for the petitioner as well as learned A.G.A. for the State and perused the record. 2. The relief sought in this petition is for quashing of the F.I.R. dated 19.02.2023, registered as Case Crime No. 60 of 2023, under Sections 143, 406, 420, 467, 468, 504, 506 I.P.C., 2023, Police Station Pipiganj, District Gorakhpur. Further prayer has been made not to arrest the petitioner in the aforesaid case. 3. Submissions of the learned counsel for the petitioner is that the real dispute is in respect of the sale deed. The petitioner himself is the victim, the cheque given to the petitioner was dishonoured and he has initiated the proceeding. It is submitted that the petitioner has never prepared any forged document and he is not employee of northern railway and therefore, there was no occasion for him to provide any appointment letter for job in northern railway. Submission is that the petitioner has been falsely implicated and himself is victim of circumstances. 4. Per contra, learned A.G.A. on instructions submits that the first information report is of February, 2023 and the petitioner is absconding and proceedings under Section 82 Cr.P.C. has also been undertaken and as such no relief to be granted. We have gone to the impugned FIR. A perusal of the impugned first information report prima facie reveals commission of cognizable offence. 5. Therefore, in view of the law laid down by Hon'ble Supreme Court in the case of State of Haryana and others vs. Bhajan Lal and others, 1992 Supp. (1) SCC 335 and M/s Neeharika Infrastructure Pvt. Ltd. vs. State of Maharashtra, AIR 2021 SC 1918 and in Special Leave to Appeal (Crl.) No.3262/2021 (Leelavati Devi @ Leelawati & another vs. the State of Uttar
Pradesh) decided on 07.10.2021, no case has been made out for interference with the impugned first information report. 6. Therefore, the writ petition is dismissed.
Order Date :- 3.3.2025 Israr Digitally signed by :- ISRAR AHMAD High Court of Judicature at Allahabad Digitally signed by :- ISRAR AHMAD High Court of Judicature at Allahabad