Court No. - 45
Case :- CRIMINAL MISC. WRIT PETITION No. - 4872 of 2023
Petitioner :- Pavan Prakash Verma
Respondent :- State Of U.P. And 3 Others
Counsel for Petitioner :- Raghwendra Prasad Mishra,Avneesh Tripathi
Counsel for Respondent :- G.A.
Hon'ble Vivek Kumar Birla,J.
Hon'ble Surendra Singh-I,J.
Heard Sri R.P. Mishra, learned counsel for the petitioner and Sri G.P. Singh,
learned A.G.A for the State respondents.
The relief sought in this petition is for quashing of the F.I.R. dated 12.3.2023,
registered as Case Crime No. 064 of 2023, under Sections 420, 467, 468, 471,
506, 120B IPC, Police Station Fatehpur Sikari, District Agra. Further prayer
has been made not to arrest the petitioner in the aforesaid case.
Submission of the learned counsel for the petitioner is that the petitioner has
no concern with the offence as alleged in the present case regarding
interpolation/change/forgery committed on the date of birth of the certificate
of the accused Vinod Katara whose life imprisonment was affirmed upto the
Hon'ble Supreme Court and the main allegation is against the Gram Pradhan
Sachiv and the first information report reflects that the petitioner was not
having original record of the accused but he has been falsely implicated.
Learned AGA opposed the prayer for quashing of the FIR, which discloses
cognizable offence. It is further submitted that it is a case of fabrication in the
document, so that the benefit of being juvenile may be granted to the life
convict. As such, a serious cognizable offence has been made out.
Perusal of the impugned first information report prima facie reveals
commission of cognizable offence. We find that the assertions made by the
petitioner including the attention to annexure 4 to the petition are nothing but
the defence of the accused person, which cannot be considered for quashing
the first information report.
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.
Therefore, the writ petition is dismissed leaving it open for the petitioner to
apply before the competent court for anticipatory bail/bail as permissible
under law and in accordance with law.
Order Date :- 6.4.2023
Abhishek