Pavan Prakash Verma v. State Of U.P. And 3 Others

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