Allahabad High Court
Proprietor Aman Enterprises vs State Of U.P. And 3 Others on 3 January, 2020
Bench: Manoj Misra, Gautam Chowdhary
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 47 Case :- CRIMINAL MISC. WRIT PETITION No. - 26113 of 2019 Petitioner :- Proprietor Aman Enterprises Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Anoop Kumar Singh Counsel for Respondent :- G.A. Hon'ble Manoj Misra,J.
Hon'ble Gautam Chowdhary,J.
Heard learned counsel for the petitioner; 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 12.12.2019 registered as Case Crime No.567 of 2019, under Sections 419, 420, 467, 468, 471 IPC, P.S. Kotwali Padrauna, District Kushinagar.
The allegations in the impugned first information report are to the effect that the petitioner, who is the proprietor of M/s Aman Enterprises, has utilized the password issued to Up-Zila Adhikari/Prabhari Adhikari, NIC, Kushinagar for the purposes of issuing 310 Scheduled Caste Certificates of 'Gond' caste which, upon verification, were found unsupported by papers relating to those persons.
The contention of the learned counsel for the petitioner is that the petitioner was allotted the work of uploading the certificates, which was done with full dedication and the allegations are false.
Whether the allegations are true or false and whether the petitioner is guilty or not, would depend on the material collected during the course of investigation and the evidence led in trial. At this stage, what is to be seen is whether the FIR discloses commission of cognizable offence or not.
Under the circumstances, since it cannot be said that the impugned first information report does not disclose commission of cognizable offence, the prayer to quash the FIR cannot be accepted. The petition is dismissed.
Order Date :- 3.1.2020 AKShukla/-