Petitioners sought to quash an FIR regarding offences under IPC Section 436 and the SC/ST Act. The court held that the FIR disclosed a serious offence requiring regular investigation and dismissed the writ petition.
The relief to quash the first information report was denied. No case was made out for a stay on arrest.
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Court No. - 10
Case :- CRIMINAL MISC. WRIT PETITION No. - 285 of 2018
Petitioner :- Ashok Kumar Dubey And Anr. Respondent :- State Of U.P. And 3 Ors. Counsel for Petitioner :- Ghanshyam Das Mishra,Pramod Kumar Pandey Counsel for Respondent :- G.A.,Ram Prasad Yadav,Sabhajeet Singh
Hon'ble Govind Mathur,J. Hon'ble Ashok Kumar,J.
The supplementary affidavit and counter affidavit filed today, are taken on record.
Heard learned counsel for the petitioners and learned AGA for the State.
This petition for writ is before us with a prayer to quash the first information report dated 21.12.2017 bearing Case Crime No. 1175 of 2017 pending investigation at Police Station Naini, District Allahabad pertaining to the offences under Sections 436 of Indian Penal Code and Section 3(1) (da) & (dha) S.C./S.T. Act.
Having considered all the facts stated in the first information report, we are not inclined to grant the relief prayed for to quash the first information report.
A bare perusal of the first information report discloses commission of serious offence cognizable under the Indian Penal Code as well as for provision under the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989. The averments contained in the first information report demand a regular investigation. As such the writ petition is bereft of merit, hence, dismissed. No case too is made out for stay the arrest in the matter.
Order Date :- 9.1.2018 SK Srivastava
(Ashok Kumar,J.) (Govind Mathur,J.)
1 issue framed by the court
Whether the first information report dated 21.12.2017 bearing Case Crime No. 1175 of 2017 should be quashed.
2 provisions across 2 enactments
Ashok Kumar Dubey And Anr.
State Of U.P. And 3 Ors.
Govind Mathur
Ashok Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
