The High Court dismissed a criminal miscellaneous writ petition seeking quashment of an F.I.R. alleging offences under Sections 147, 323, 506, and 325 IPC.
Quashment of the F.I.R. Cr. No. 49 of 2018 and stay of arrest were denied.
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Court No. - 29
Case :- CRIMINAL MISC. WRIT PETITION No. - 4957 of 2018
Petitioner :- Subhas Chandra Agrawal And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ramesh Kumar Ojha Counsel for Respondent :- G.A.,Amit Srivastava
Hon'ble Vikram Nath,J. Hon'ble Ashok Kumar,J.
Heard learned counsel for the petitioners, Sri Bhavesh Kumar, Advocate holding brief of Sri Amit Srivastava, learned counsel for the respondent no.3 and learned AGA for the State.
This petition for writ is before us to quash the First Information Report dated 05.02.2018 bearing Case Crime No.49 of 2018 pending investigation at Police Station Raquabganj, District Agra for the offence under Sections 147, 323, 506, 325 IPC.
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 :- 27.2.2018 A.Kr.*
[Ashok Kumar, J.] [Vikram Nath, J.]
2 issues framed by the court
Whether the First Information Report disclosing commission of a cognizable offence should be quashed.
Whether there exists a just reason to quash the F.I.R. or stay the arrest of the petitioners.
Subhas Chandra Agrawal And 2 Others
State Of U.P. And 2 Others
Vikram Nath
Ashok Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
