The Criminal Misc. Writ Petition seeking to quash an FIR under Sections 452, 354, 323, 504, 506 IPC was dismissed. The bench found no justifiable reason to interfere as the FIR disclosed serious cognizable offences warranting investigation.
The writ petition was dismissed; the writ under Article 226 to quash the FIR was refused.
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Court No. - 10
Case :- CRIMINAL MISC. WRIT PETITION No. - 3061 of 2018
Petitioner :- Sonu Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ramesh Chandra Srivastava Counsel for Respondent :- G.A.
Hon'ble Govind Mathur,J. Hon'ble Ashok Kumar,J.
Heard learned counsel for the petitioner, learned AGA for the respondents-State and perused the record.
This petition for writ under Article 226 of the Constitution of India is preferred with a prayer to quash the first information report dated 04.01.2018 bearing Case Crime No. 0005 of 2018 pending investigation at Police Station - Chilkana, District - Saharanpur pertaining to offence punishable under Sections 452, 354, 323, 504, 506 IPC.
Learned counsel for the petitioner submits that no case is made out against the petitioner for the offence referred in the first information report.
Having considered the averments contained in the first information report, we do not find any justifiable reason to interfere with the same. The contents of the first information report discloses the allegations pertaining to commission of serious offence cognizable and that in no manner warrants interference under Article 226 of the Constitution of India. Further no case for staying the arrest of the petitioner too is made out.
The writ petition is dismissed.
Order Date :- 8.2.2018 Rameez
(Ashok Kumar,J.) (Govind Mathur,J.)
1 issue framed by the court
Whether the High Court should quash the First Information Report under Article 226 of the Constitution of India.
Sonu
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
