In this criminal miscellaneous writ petition, the Hon'ble Court dismissed the petitioner's plea to quash an FIR relating to offences under Sections 376 and 506 IPC, finding prima facie evidence of a cognizable offence.
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Court No. - 10
Case :- CRIMINAL MISC. WRIT PETITION No. - 1604 of 2018
Petitioner :- Amit Gautam Respondent :- State Of U.P. Counsel for Petitioner :- Mr Amit Rai,Mr Vikas Sharma Counsel for Respondent :- G.A.
Hon'ble Govind Mathur,J. Hon'ble Ashok Kumar,J.
Heard Sri Amit Rai, learned counsel for the petitioner, learned AGA for the respondents-State and perused the record.
This petition for writ under Article 226 of Constitution of India is preferred with a prayer to quash the first information report bearing Case Crime No. 906 of 2017 pending investigation at Police Station Chandpur, District Bijnor pertaining to offence punishable under Sections 376 and 506 IPC.
Learned counsel for the petitioner submits that no case is made out against the petitioner with regard to allegations contained in the first information report.
A perusal of the first information report discloses commission of an offence cognizable that certainly demands investigation.
Having considered the facts stated in the first information report, we do not find any just reason to quash the same as that discloses prima facie commission of an offence cognizable. The writ petition is dismissed accordingly.
Order Date :- 25.1.2018 Shubham
(Ashok Kumar,J.) (Govind Mathur,J.)
1 issue framed by the court
Whether the First Information Report disclosing a cognizable offence should be quashed.
Amit Gautam
State Of U.P.
Govind Mathur
Ashok Kumar
As recorded by the court registry
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