This court directed the S.S.P., Allahabad to look into the petitioner's petition seeking quashing of an FIR where the petitioner alleged police harassment and was not named in the FIR or victim statement.
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. - 42
Case :- CRIMINAL MISC. WRIT PETITION No. - 2964 of 2018
Petitioner :- Dhananjai Singh Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Akash Mishra Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Krishna Pratap Singh,J.
Heard Sri Akash Mishra, learned counsel for the petitioner, Sri Vikas Sahai, learned A.G.A. for the State and perused the impugned FIR as well as material brought on record.
This petition has been filed by the petitioner with a prayer to quash the FIR dated 17.9.2017 registered as Case Crime No.447 of 2017, under Sections 363, 366, 506 I.P.C., Police Station Kydganj, District Allahabad.
Learned counsel for the petitioner submits that the petitioner is neither named in the FIR nor in 164 Cr.P.C. statement of the victim. He further submits that the petitioner happens to be a friend of co-accused Anmol with whom the victim has eloped and on account of being friend of Anmol the police is harassing the petitioner. victim.
Learned A.G.A. opposed the prayer for quashing of the FIR, but could not dispute the aforesaid fact as argued by learned counsel for the petitioner.
Considering the submissions advanced by learned counsel for the parties, it is directed that the the S.S.P., Allahabad shall look into the matter and do the needful, if so required.
With the above direction, this petition is finally disposed of.
(Krishna Pratap Singh, J.) (Ramesh Sinha, J.)
Order Date :- 7.2.2018
NS
2 issues framed by the court
Whether the FIR should be quashed given the petitioner is not named and police harassment is alleged.
Whether the prayer for quashing of FIR under Sections 363, 366, 506 I.P.C. should be granted.
Dhananjai Singh
State Of U.P.
2 Others
Krishna Pratap Singh
Ramesh Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
