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High CourtsDivision Bench(1998) 12 AHC CK 0011

Shyam Kali and Others vs Station Officer, P.S. Baberu and Others

Allahabad High Court · Decided on 14 December 1998 · Citation: (1999) 3 ACR 2776

HON’BLE JUDGES
R.K. Singh, J · B.K. Roy, J
CASE NUMBER
Criminal M.W.P. No. 35552 of 1993
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Judgment

4 paragraphs · 176 words

B.K. Roy and R.K. Singh, JJ.—Heard Mr. Ramendra Asthana, learned Counsel appearing on behalf of the Petitioners, who has come up with a prayer to quash the First Information Report dated 8.6.1993 as contained in Annexure-1. His contention is that the allegations levelled against the Petitioners are totally false.

2.

On perusal of the First Information Report we find that there is an allegation that by preparing a Farzi (forged or fraudulent) order the Petitioners got their names entered in the revenue record. The question as to whether the order is forged one or not has to be looked into by the police first. Prima facie there is allegation of commission of an offence by the Petitioners which cannot be quashed while exercising our jurisdiction under Article 226 of the Constitution of India.

3.

In the result this writ petition is dismissed.

4.

The office is directed to hand over a copy of this order to Sri Sudhir Mehrotra, learned A.G.A. within three days for its communication to the I.O. concerned for a follow up action.