The High Court rejected the petition seeking a direction to quash the FIR dated 23.10.2017. It held that the FIR disclosed serious cognizable offences and no prima facie case for quashing or arrest stay was made out.
The petition to quash the FIR was dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 10
Case :- CRIMINAL MISC. WRIT PETITION No. - 1001 of 2018
Petitioner :- Ramman And 7 Ors. Respondent :- State Of U.P. And 2 Ors. Counsel for Petitioner :- Neeraj Kumar Srivastava,Santosh Kumar Tripathi
Counsel for Respondent :- G.A.
Hon'ble Govind Mathur,J. Hon'ble Ashok Kumar,J.
Heard learned counsel for the petitioners and learned AGA for the Staterespondents.
This petition for writ is before us to have a direction to quash the FIR dated 23.10.2017 bearing Case Crime No.300 of 2017, pending investigation at Police Station Sureri, District Jaunpur for the offences punishable under Sections 147, 148, 324, 323, 504, 506, 316, 427 IPC.
Learned counsel for the petitioners submits that no case is made out against the petitioners 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 petitioners 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 the High Court should interfere to quash the FIR under Section 147, 148, 324, 323, 504, 506, 316, 427 IPC at the stage of investigation.
Ramman And 7 Ors.
State Of U.P. And 2 Ors.
Govind Mathur
Ashok Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
