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Judgment
The prayer of the petitioner is to quash the First Information Report dated 18198 Police Station Mauranipur District Jhansi under Section 397/506, IPC. giving rise to registration of Crime Case No. 36 of 1998 (copy appended as Annexure1 to the writ petition).
Mr N.C. Rajvanshi, learned counsel appearing in support of this writ petition contended that at the time of the alleged occurrence the petitioner was at Allahabad and thereby the accusations stated in the First Information Report are false and thereby the impugned FIR is liable to be quashed.
The defence of alibi cannot be considered by us in this summary proceeding under Article 226 of the Constitution of India.
Accordingly, while, dismissing this writ petition, in the interest of justice, we direct the 1.0. concerned to look into the question of alibi raised by the petitioner first before deciding to take, coercive action against the petitioner.
The office is directed to hand over a copy of this order to Sri Jagdish Tewari, learned A.G.A. for its communication to and follow up action by the I.O. concerned.