Writ petition seeking quashing of an FIR under various IPC sections was dismissed as the FIR disclosed an offence demanding complete investigation and no case was made out to stay arrest.
Petition for quashing of FIR dismissed. Arrest stay rejected.
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Court No. - 29
Case :- CRIMINAL MISC. WRIT PETITION No. - 4784 of 2018
Petitioner :- Rahul Singh And 4 Others Respondent :- State Of U.P. And 1 Others Counsel for Petitioner :- Santosh Dwivedi Counsel for Respondent :- G.A.
Hon'ble Vikram Nath,J. Hon'ble Ashok Kumar,J.
Heard learned counsel for the petitioners, Sri K.C. Mishra, learned counsel for the complainant and learned AGA for the State.
This petition for writ is before us to quash the First Information Report dated 13.10.2017 bearing Case Crime No. 0457 of 2017 pending investigation at Police Station Lohta, District Varanasi for the offence under Sections 147, 452, 323, 504, 506, 354B, 427 and 380 of Indian Penal Code.
Learned counsel for the petitioners submits that no case is made out against the petitioners for the offences referred in the First Information Report.
From perusal of the averment contained in the First Information report, we do not find any just reason to quash the First Information Report as the same discloses commission of an offence cognizable that demands complete investigation. No case is made out even to stay the arrest of the petitioners.
The writ petition is, accordingly, dismissed.
Order Date :- 26.2.2018 SK Srivastava
(Ashok Kumar,J.) (Vikram Nath,J.)
1 issue framed by the court
Whether there is any just reason to quash the First Information Report.
1 provisions across 1 enactments
Rahul Singh And 4 Others
State Of U.P. And 1 Others
Vikram Nath
Ashok Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
