This writ petition challenged the First Information Report regarding offences under Sections 405, 406 and 409 IPC. The court held no just reason for quashing the report.
The First Information Report was not quashed; the writ petition was dismissed.
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Court No. - 10
Case :- CRIMINAL MISC. WRIT PETITION No. - 2501 of 2018
Petitioner :- Ram Niwas Maurya Respondent :- State Of Up And 3 Ors Counsel for Petitioner :- Daya Shanker,Sanjay Srivastava Counsel for Respondent :- G.A.
Hon'ble Govind Mathur,J. Hon'ble Ashok Kumar,J.
Heard learned counsel for the petitioner and learned AGA for the State.
This petition for writ is before us to quash the First Information Report dated 06.10.2017 bearing Case Crime No. 0497 of 2017 pending investigation at Police Station Mohmmdabad-Gohna, District Mau for the offence under Sections 405, 406 and 409 of Indian Penal Code.
Learned counsel for the petitioner submits that no case is made out against the petitioner for the offences referred in the First Information Report.
From perusal of the averment contained in the First Information report, we do not find any just reason to quash the First Information Report as the same discloses commission of an offence cognizable that demands complete investigation. No case is made out even to stay the arrest of the petitioner.
The writ petition is, accordingly, dismissed.
Order Date :- 5.2.2018 SK Srivastava
(Ashok Kumar,J.) (Govind Mathur,J.)
1 issue framed by the court
Whether the First Information Report disclosing commission of offence under Sections 405, 406 and 409 IPC demands quashing.
Ram Niwas Maurya
State Of Up
And 3 Ors
Govind Mathur
Ashok Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
