In a writ petition for quashing an F.I.R., the High Court held that given facts did not warrant exercise of power under Article 226. However, the court granted liberty to the petitioner to file an application in the appropriate court.
Liberty granted to the petitioner to file an application before the appropriate court to be considered expeditiously.
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. - 5
Case :- CRIMINAL MISC. WRIT PETITION No. - 16736 of 2018
Petitioner :- Sumit Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Shachi Srivastava,Chetan Prakash Counsel for Respondent :- G.A.
Hon'ble Pradeep Kumar Singh Baghel,J. Hon'ble Rajiv Joshi,J.
The petitioner has preferred this writ petition for quashing the first information report dated 2.6.2018 in Case Crime No. 0155 of 2018 under Sections 363, 366 I.P.C. and 3(2)(va) of the Scheduled Castes and The Scheduled Tribes (Prevention of Atrocities) Act, 1989 (Amended 2015) at Police Station Khanpur, District Bulandshahr.
A first information report has been registered on the complaint of respondent no. 3 - Lajja Ram who made a complaint that his daughter, who is minor, has been abducted by three persons, namely, Vikas, Sumeet and Hitesh.
It is contended on behalf of the petitioner that the petitioner has been falsely implicated in the said case as earlier he had filed a first information report against the respondent no. 3. It is averred in the writ petition that due to said malice the petitioner has been falsely implicated.
We have perused the contents of the first information report and we do not find it a fit case to exercise our discretionary and extraordinary jurisdiction under Article 226 of the Constitution of India in the given facts, however, having due regard to the fact that the petitioner has earlier filed a first information report and is claiming to be innocent, we grant him liberty to file an application before the appropriate court which shall be considered expeditiously by the said court.
With the aforesaid observations the writ petition stands disposed of.
No order as to costs.
Order Date :- 25.6.2018 Digamber
1 issue framed by the court
Whether the facts of the case warrant exercise of discretionary power under Article 226 to quash the F.I.R.
3 provisions across 3 enactments
Sumit
State Of U.P.
Pradeep Kumar Singh Baghel
Rajiv Joshi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
