The bench quashed the FIR only to dismiss the petition, finding no just reason to quash the FIR due to the disclosure of a serious cognizable offence under IPC Sections 307 and 302.
The writ petition to quash the FIR was dismissed.
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Court No. - 10
Case :- CRIMINAL MISC. WRIT PETITION No. - 2496 of 2018
Petitioner :- Usha And 2 Ors Respondent :- State Of U.P. And 2 Ors Counsel for Petitioner :- Ramesh Chandra Srivastava Counsel for Respondent :- G.A.,Sanjay Singh
Hon'ble Govind Mathur,J. Hon'ble Ashok Kumar,J.
Heard learned counsel for the petitioners and learned A.G.A. for the State.
This petition for writ is before us with a prayer to quash the F.I.R. dated 28.4.2017 bearing Case Crime No. 0142 of 2017 pending investigation at Police Station Kotwali Dehat, District Saharanpur pertaining to the offences under Sections 307, 302 I.P.C.
Learned counsel for the petitioners submits that the petitioners have been falsely implicated in the present case on absolutely concocted facts. No case is made out against the petitioners for the offences referred in the present F.I.R.
Having considered the facts contained in the First Information Report, we do not find any just reason to quash the F.I.R. as that discloses commission of serious offence cognizable. No case is made out for interference in the matter.
The writ petition is dismissed.
Order Date :- 5.2.2018 S.S.
(Ashok Kumar, J.) (Govind Mathur, J.)
2 issues framed by the court
Whether the FIR should be quashed under Article 226 of the Constitution given the allegations of false implication.
Whether any just reason exists to quash the FIR disclosing commission of serious cognizable offences.
Usha And 2 Ors
State Of U.P. And 2 Ors
Govind Mathur
Ashok Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
