Criminal Misc. Writ Petition filed to quash an F.I.R. alleging offences under Sections 406 and 506 IPC. The Court found no just reason to quash the report as it disclosed a cognizable offence demanding complete investigation. Petition dismissed.
Order to quash the First Information Report dismissed.
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Court No. - 10
Case :- CRIMINAL MISC. WRIT PETITION No. - 1362 of 2018
Petitioner :- Ashish Abrol And Anr. Respondent :- State Of U.P. Counsel for Petitioner :- Mr Rajeev Kumar Singh 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 State.
This petition for writ is before us to quash the First Information Report dated 29.07.2017 bearing Case Crime No. 556 of 2017 pending investigation at Police Station Hari Parvat, District Agra for the offence under Sections 406 and 506 of Indian Penal Code.
Learned counsel for the petitioners submits that no case is made out against the petitioners for the offences referred in the First Information Report.
From perusal of the averment contained in the First Information report, we do not find any just reason to quash the First Information Report as the same discloses commission of an offence cognizable that demands complete investigation. No case is made out even to stay the arrest of the petitioners.
The writ petition is, accordingly, dismissed. Order Date :- 24.1.2018 SK Srivastava
(Ashok Kumar,J.) (Govind Mathur,J.)
2 issues framed by the court
Whether the First Information Report alleging offences under Sections 406 and 506 of the Indian Penal Code should be quashed given that no case was made out against the petitioners.
Whether there exists any just reason to quash the First Information Report or to stay the arrest of the petitioners.
Ashish Abrol And Anr.
State Of U.P.
Govind Mathur
Ashok Kumar
As recorded by the court registry
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