This criminal miscellaneous writ petition sought to quash an FIR registered for offences under Sections 364 and 392 of IPC. The court held that the FIR disclosed a cognizable offence demanding investigation and dismissed the petition, refusing to stay the arrest.
Petition dismissed with no reason to quash the FIR or stay the arrest.
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Court No. - 29
Case :- CRIMINAL MISC. WRIT PETITION No. - 6569 of 2018
Petitioner :- Vakil And Another Respondent :- State Of U.P. And 02 Others Counsel for Petitioner :- Chaman Aara Counsel for Respondent :- G.A.
Hon'ble Govind Mathur,J. Hon'ble Ashok Kumar,J.
Heard learned counsel for the petitioners and learned AGA for the State.
This petition for writ is before us to quash the First Information Report dated 20.02.2018 bearing Case Crime No. 0089 of 2018 pending investigation at Police Station Kithor, District Meerut for the offence under Sections 364 and 392 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 :- 19.3.2018 SK Srivastava
(Ashok Kumar,J.) (Govind Mathur,J.)
2 issues framed by the court
Whether the First Information Report disclosing a cognizable offence demands complete investigation is liable to be quashed under criminal miscellaneous writ petition.
Whether any just reason exists to quash the First Information Report for offences alleged.
1 provisions across 1 enactments
Vakil
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
