A writ petition to quash an FIR alleging offences under Sections 420, 467, 468, 471, and 120-B IPC was dismissed. The court held that the FIR disclosed a cognizable offence requiring full investigation and no case was made out to quash it or stay arrest.
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Court No. - 29
Case :- CRIMINAL MISC. WRIT PETITION No. - 2715 of 2018
Petitioner :- Ajay Kumar Awasthi And 7 Ors. Respondent :- State Of U.P. And 2 Ors. Counsel for Petitioner :- Ravi Sahu Counsel for Respondent :- G.A.
Hon'ble Govind Mathur,J. Hon'ble Ashok Kumar,J.
Heard learned counsel for the petitioners and learned AGA for the State.
This petition for writ is before us to quash the First Information Report dated 16.12.2017 bearing Case Crime No. 615 of 2017 pending investigation at Police Station Govind Nagar, District Kanpur Nagar for the offence under Sections 420, 467, 468, 471, 120-B of Indian Penal Code.
Learned counsel for the petitioners submits that no case is made out against the petitioners 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 petitioners.
The writ petition is, accordingly, dismissed.
Order Date :- 15.2.2018 SK Srivastava
(Ashok Kumar,J.) (Govind Mathur,J.)
2 issues framed by the court
Whether the First Information Report discloses a cognizable offence demanding complete investigation warranting quashment.
Whether sufficient grounds are made out to quash the criminal proceedings against the petitioners.
1 provisions across 1 enactments
Ajay Kumar Awasthi
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
