Single judge dismissed a criminal W.P. seeking quashing of an FIR under Articles 226/227 of the Constitution. The court held the FIR disclosed a cognizable offence and denied extraordinary relief to the petitioner.
Relief for quashing of FIR rejected; no interim relief granted.
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Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 19823 of 2018
Petitioner :- Bhura Yadav And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Arun Kumar Singh Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Arun Kumar Singh, learned counsel for the petitioners, Sri Deepak Mishra, learned A.G.A. appearing for the State and perused the impugned F.I.R. as well as material brought on record.
The relief sought in this petition is for quashing of the F.I.R. dated 08.05.2018 registered as Case Crime No. 0125 of 2018, U/s 307, 147, 148, 149, 504, 506 I.P.C., P.S. Shipari Bazar, District Jhansi.
Learned counsel for the petitioners submits that general role of causing injuries to the injured have been assigned to applicant as well as the coaccused, Rahul Yadav.
Learned AGA opposed the prayer for quashing of the FIR and states that the victim has sustained gun shot injuries on his person.
After having examined the submissions advanced by learned counsel for the parties and perused the impugned FIR, we are of the opinion that the impugned FIR discloses cognizable offence against the petitioner, hence, no interference is called for by this Court in its extraordinary power under Article 226 of the Constitution of India for quashing of the FIR or for grant of any interim relief to the petitioner. The petition lacks merit and is, accordingly, dismissed.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.)
Order Date :- 24.7.2018
VG...M/A
1 issue framed by the court
Whether the impugned FIR discloses a cognizable offence against the petitioner warranting quashing under Article 226.
Bhura Yadav And 2 Others
State Of U.P. And 2 Others
Ramesh Sinha
Dinesh Kumar Singh-I
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
