Allahabad High Court
Babita Gond vs The State Of U.P. And 3 Others on 8 September, 2020
Author: Manoj Misra
Bench: Manoj Misra
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 48 Case :- CRIMINAL MISC. WRIT PETITION No. - 8740 of 2020 Petitioner :- Babita Gond Respondent :- The State Of U.P. And 3 Others Counsel for Petitioner :- Mainuddin Ahamad Counsel for Respondent :- G.A. Hon'ble Manoj Misra,J.
Hon'ble Anil Kumar-IX,J.
Heard learned counsel for the petitioners; the learned A.G.A. for the respondents 1, 2 and 3; and perused the record.
The instant petition seeks quashing of the first information report dated 26.06.2020 registered as Case Crime No.0264 of 2020 at P.S. Dohrighat, District- Mau, under Sections 419, 420, 467, 468, and 471 I.P.C.
The contention of the learned counsel for the petitioner is that although the allegations is that the caste certificate was cancelled but it is not in dispute that the caste certificate was issued and, therefore, the offence punishable under Section 467, 468 and 471 I.P.C. is not made out. In respect of the offence punishable under Section 419 and 420 I.P.C., learned counsel for the petitioner submits that the petitioner has not made a false declaration in respect of his caste and, therefore, no offence punishable under Section 419, 420 is made out.
Whether the petitioner made a false declaration about his caste or not would be determined on the basis of material collected during the course of investigation as well as the evidence led in trial, hence, the prayer of the petitioner to quash the first information report cannot be accepted.
However, considering the facts of the case, we deem it appropriate to dispose off this petition by providing that investigation of the case shall continue and brought to its logical conclusion but petitioner shall not be arrested in the above case till submission of police report under Section 173 (2) CrPC. provided she cooperates in the investigation.
Order Date :- 8.9.2020 Rahul.