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Satya Vir And Another v. State Of U.P. Thru' Secy. U.P. Sectriate Lkw. And Others - CRIMINAL MISC. WRIT PETITION No. 10515 of 2005 [2005] RD-AH 4212 (7 October 2005)


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Court No. 2.

Criminal Misc. Writ Petition No. 10515 of 2005

Satya Vir and another         Vs.         State of U.P. and others


Hon'ble Imtiyaz Murtaza, J.

Hon'ble G.P. Srivastava, J.  

Supplementary affidavit filed today shall be placed on the record.

We have heard learned counsel for the petitioners and learned A.G.A.

This writ petition is filed against the first information report lodged against the petitioners being Case Crime No. 224 of 2005 under Sections 420, 467, 468 and 332 I.P.C., P.S. Surajpur, district Gautam Budh Nagar. The allegations against the petitioners are that on 26.9.2005 they had entered some over-writing in the public documents. The petitioners have challenged this F.I.R. on the ground that the petitioners are not getting benefit by the addition of certain words mentioned in the report. The petitioner no. 1 was not present at the place of occurrence and in support of this he filed document that he was not present at the time of occurrence. Petitioner no. 2 is an old person aged about 70 years. It is further submitted that, in fact, the informant had demanded Rs. 500/- as illegal bribe from the petitioner no. 2 and when he declined to pay this amount, this report is lodged to harass them. A perusal of the F.I.R. indicates commission of cognizable offence. It is the matter of investigation that whether the petitioner no. 1 is present at the time of occurrence or not. It is further submitted that according to U.P. Zamindari Abolition and Land Reforms Act the over-writing alleged to have been made is immaterial. In view of the above F.I.R. in question, prima facie, discloses commission of cognizable offence. No interference is called for by this Court.

The writ petition is dismissed.

However, it is provided that in case the petitioners appear or are produced before the court concerned and apply for bail in the aforesaid case crime, their bail prayer shall be dealt with as per the seven Judges' decision of this Court dated 15.10.2004 passed in Criminal Misc. Writ Petition No. 2154 of 1995 (Smt. Amarawati and another Versus State of U.P.) reported in 2004 (57) ALR 390.

Dated : 7.10.2005



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