The High Court, in a criminal miscellaneous writ petition for quashing an FIR under IPC Sections 147, 148, 386, 327, 504, and 506, dismissed the petition. The court held that the FIR disclosed a prima facie commission of a cognizable offence demanding investigation.
The writ petition was dismissed; the FIR was not quashed.
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. - 29
Case :- CRIMINAL MISC. WRIT PETITION No. - 5399 of 2018
Petitioner :- Rohit Yadav Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Rajesh Chandra Dwivedi,Ashish Kumar Dubey
Counsel for Respondent :- G.A.
Hon'ble Govind Mathur,J. Hon'ble Ashok Kumar,J.
Heard Sri Rajesh Chandra Dwivedi, learned counsel for the petitioner, learned AGA for the respondents-State and perused the record.
This petition for writ under Article 226 of Constitution of India is preferred with a prayer to quash the first information report bearing Case Crime No. 173 of 2018 pending investigation at Police Station Sadar Bazar, District Shahjahanpur pertaining to offence punishable under Sections 147, 148, 386, 327, 504, 506 IPC.
Learned counsel for the petitioner submits that no case is made out against the petitioner with regard to allegations contained in the first information report.
A perusal of the first information report discloses commission of an offence cognizable that certainly demands investigation. Having considered the facts stated in the first information report, we do not find any just reason to quash the same as that discloses prima facie commission of an offence cognizable. The writ petition is dismissed accordingly.
Order Date :- 6.3.2018 Shubham
(Ashok Kumar,J.) (Govind Mathur,J.)
2 issues framed by the court
Whether the first information report could be quashed under Article 226 of the Constitution of India.
Whether a prima facie case of commission of cognizable offence is made out based on the allegations in the FIR.
1 provisions across 1 enactments
Rohit Yadav
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
