Criminal Miscellaneous Writ Petition seeking quashing of an FIR and stay of arrest. The High Court found definite accusations of serious offences and dismissed the petition under Article 226, refusing interference.
None. Petition dismissed with no stay of arrest granted.
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Court No. - 10
Case :- CRIMINAL MISC. WRIT PETITION No. - 1000 of 2018
Petitioner :- Firoz Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Mohd. Irfan Counsel for Respondent :- G.A.
Hon'ble Govind Mathur,J. Hon'ble Ashok Kumar,J.
Heard learned counsel for the petitioner and learned AGA for the Staterespondents.
This petition for writ is before us to have a direction to quash the FIR dated 9.12.2017 bearing Case Crime No.847 of 2017, pending investigation at Police Station Bilaspur, District Rampur for the offences punishable under Sections 379, 411 IPC and 26, 41, 42, 52, 65 Indian Forest Act, 1927.
Learned counsel for the petitioner submits that no case is made out against the petitioner for the offences referred in the FIR.
We have looked into the FIR that is challenged in this petition for writ. A bare perusal of the contents of the FIR discloses the commission of serious offences which are cognizable. Looking to definite accusation we are at all not inclined to interfere with the same while invoking powers under Article 226 of the Constitution of India. Further no case for staying the arrest of the petitioner too is made out.
Petition stands dismissed as above.
Order Date :- 18.1.2018
pk
(Ashok Kumar,J.) (Govind Mathur,J.)
1 issue framed by the court
Whether writ jurisdiction should quash the FIR dated 9.12.2017 invoking Article 226 of the Constitution.
3 provisions across 3 enactments
Firoz
State Of U.P.
Govind Mathur
Ashok Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
