Dilip vs State of U.P.

M. Quddusi, J.—Heard learned counsel for the petitioner and the learned A.G.A.

Vide order, dated 2461999 the alleged informant of First Information Report registered as Case Crime No. 84/99 under Sections 147, 148, 149, 346, 506, I.P.C. and 3(i) (x) of Scheduled Caste and Scheduled Tribe Act, Police Station Kabrai, District Mahoba was summoned by this Court in person, as it was alleged in the writ petition that:

"It was a dispute between the eminent parties and deponent/socalled complainant of the case has been misguided by the sitting M.L.A. namely, Arimardan Singh and his signature on the blank paper was obtained which resulted in the F.I.R. against the petitioner with the collusion of the local police and F.I.R. is registered in Case Crime No. 84/99 under Sections 147/148/149/346/506, I.P.C. and 3 (i) (x) Scheduled Castes and Scheduled Tribes Act, Police Station Kabrai, District Mahoba on 731999, a true copy of which is being filed as Annexure 5 to the writ petition."

That the deponent/socalled complainant of this case was not aware about this F. I.R. but later on as soon as he came to know that his signature on blank paper has been misused by registering the Criminal case against the petitioner and also against his real brother then he personally met to Investigating Officer but the deponent/so called complainant was threatened that if he will deny to the contention of the F. I.R. then he shall be prosecuted.

That the deponent/so called complainant of the case personally met to Superintendent of Police, Mahoba and had explained that the petitioner has been falsely implicated in the aforesaid offence while nothing has been happened as shown in the prosecution case and he was assured that none of the persons shall be chargesheeted on false allegation and deponent was directed by the Superintendent of Police, Mahoba to give his statement to Investigating Officer.

That the deponent/so called complainant of this case again met the I.O. but no statement of the deponent/so called complainant was recorded by the I.O. by saying this fact that his statement "under Section 161 Cr. PC. has already been recorded."

Today the informant, Sri Ghanshyam has appeared in person before the Court alongwith the SubInspector Fayyaz Khan, Police Station Kabrai, District Mahoba. His statement has been recorded. He has stated that he did not lodge any First Information Report against the petitioners. However, M.L.A. Sri Arimardan Singh had taken him to his house. He had also got his signatures on blank papers and if those blank papers on which his signatures were taken are used for the purposes of First Information Report, he do not know. However he can only make his signatures.

As the alleged informant or the complainant of the First Information Report has himself stated before this Court that he has not lodged any First Information Report, it becomes a serious matter.

Under the facts and circumstances of the case this writ petition is allowed.

The First Information Report registered as Case Crime No. 84/99 under Sections 147,148,149,246,506, I.P.C. and 3(i) (x) of Scheduled Caste and Scheduled Tribe Act is hereby quashed.

The Additional Director General, C.B.C.I.D. is directed to depute some investigating party to investigate the case about lodging a fake First Information Report and the case may be registered against the erring persons and they should be prosecuted so that nobody may dare to lodge such type of First Information Reports.

No orders as to costs.

A certified copy of the order shall be given to the learned counsel for the petitioner on payment of usual charges and to the learned A.G.A. free of costs for ensuring compliance within twenty four hours. Petition allowed.