In a criminal miscellaneous writ petition under Article 226, the Single Judge dismissed the plea to quash the FIR alleging offences under the Excise Act and IPC, holding that the complaint disclosed a prima facie cognizable offence demanding investigation.
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. - 1610 of 2018
Petitioner :- Shyamu Parihar Respondent :- State Of U.P. And Others Counsel for Petitioner :- Vijay Singh Sengar Counsel for Respondent :- Government Advocate
Hon'ble Govind Mathur,J. Hon'ble Ashok Kumar,J.
Heard Sri Vijay Singh Senger, 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. 973 of 2017 pending investigation at Police Station Kotwali Orai, District Jalaun pertaining to offence punishable under Sections 60/63 Excise Act and 420, 467, 468, 471, 272 and 273 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.)
2 issues framed by the court
Whether the first information report discloses a prima facie commission of a cognizable offence warranting investigation.
Whether any just cause exists to quash the FIR.
3 provisions across 3 enactments
Shyamu Parihar
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
