This criminal miscellaneous writ petition sought to quash an FIR alleging false implication under multiple IPC sections. The court dismissed the petition, finding prima facie material available for investigation and noting no just reason to exercise quashing powers.
Prayer to quash the First Information Report was dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 10
Case :- CRIMINAL MISC. WRIT PETITION No. - 29024 of 2017
Petitioner :- Surendra And 4 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Raj Narayan Tiwari Counsel for Respondent :- G.A.
Hon'ble Govind Mathur,J. Hon'ble Ashok Kumar,J.
This petition for writ is preferred with a prayer to quash the First Information Report dated 05.12.2017 bearing Case Crime No.518 of 2017 pending investigation at Police Station Khekada, District Bagpat for the offence under Sections 147, 452, 307, 354(B), 323, 506 IPC.
As per the petitioners, the entire case is false and the petitioners have been implicated in a concocted story. It is also brought to our notice that, earlier too, a First Information Report was filed at the instance of the informant-respondent no.4 and in that case a negative final report was filed by the investigating agency. According to the counsel for the petitioners, the case lodged at the instance of respondent no.4 being absolutely ill founded deserves to be quashed.
On going through the averment contained in the First Information Report, it is apparent that prima facie material is available for investigation of a cognizable offence. So far as earlier First Information Report is concerned, negative final report is given as the parties arrived at some compromise. Suffice to mention that the respondent no.4 is wife of petitioner no.1 and sister-in-law of petitioner nos.2 and 3.
Looking to this factual background of the case, we do not find any just reason to quash the First Information Report by invoking the power under Article 226 of the Constitution of India.
The writ petition is dismissed accordingly.
Order Date :- 3.1.2018 A.Kr.*
[Ashok Kumar, J.] [Govind Mathur, J.]
1 issue framed by the court
Whether there is any just reason to quash the FIR under Article 226 of the Constitution of India.
Surendra And 4 Others
State Of U.P. And 3 Others
Govind Mathur
Ashok Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
