The Delhi High Court rejected the petitioner's plea to quash an F.I.R. alleging impractical accusations and delay. The bench found no merit in the argument, noting the FIR disclosed cogent allegations of cognizable offences warranting investigation without interference.
The writ petition praying for quashing of the FIR is dismissed.
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Court No. - 10
Case :- CRIMINAL MISC. WRIT PETITION No. - 29038 of 2017
Petitioner :- Jamuna & 3 Others Respondent :- State Of U.P. & 3 Others Counsel for Petitioner :- Anoop Kumar Pandey,Puran Nath Shukla,Sarita Dwivedi Counsel for Respondent :- G.A.
Hon'ble Govind Mathur,J. Hon'ble Ashok Kumar,J.
This petition for writ is before us with a prayer to quash the F.I.R. dated 26.10.2017 bearing no. 0427 of 2017 pending investigation at Police Station Rajapur, District Chitrakoot for the offences under Sections 147, 148, 452, 354, 323, 504, 506 I.P.C.
The submission of the counsel for the petitioners is that the F.I.R. is delayed by 15 days and whatever accusation made is not practically possible in presence of the elders of the family.
We don't find any merit with the argument advanced. The bare perusal of the facts averred in the F.I.R. discloses the allegations pertaining to commission of congnizable offence and as such no interference is warranted.
The writ petition is dismissed.
Order Date :- 3.1.2018 S.S.
(Ashok Kumar, J.) (Govind Mathur, J.)
1 issue framed by the court
Whether the F.I.R. should be quashed at the stage of investigation due to alleged delay or impracticality of accusations in the presence of family elders.
1 provisions across 1 enactments
Jamuna & 3 Others
State Of U.P. & 3 Others
Govind Mathur
Ashok Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
