High Courts(2009) 04 AHC CK 0421

Nageshwar Prasad vs State of U.P.& others

Allahabad High Court · Decided on 15 April 2009

HON’BLE JUDGES
Abdul Mateen, J and Ashwani Kumar Singh, J
RESULT
Dismissed

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Judgment

8 paragraphs · 193 words

Ashwani Kumar Singh, J.

Heard learned counsel for the petitioner and learned Additional Government Advocate who has accepted notice on behalf of opposite parties No. 1, 2 and 4.

By means of this petition, the petitioner has prayed for quashing of F.I.R. relating to Case Crime No. 20 of 1991, under Sections 420, 467, 468, 471, 120 B I.P.C., Police Station Kotwali Nagar, District Pratapgarh.

We have gone through contents of the FIR.

The only submission of learned counsel for the petitioner is that the F.I.R. is of the year 1991 and now the petitioner has been arrayed as an accused in the aforesaid case. As it comes out that the matter seems to be issuance of solvency certificate in a fictitious and fraudulent manner of which investigation was going on and during investigation, the petitioner''s name has come into the light.

Since the F.I.R. discloses commission of cognizable offence, as such, the FIR cannot be quashed.

The writ petition is misconceived and is accordingly, dismissed.

However, it is provided that if the petitioner surrenders and moves application for bail, the same shall be considered and disposed of by the courts below expeditiously.