This criminal miscellaneous writ petition sought quashing of a first information report under Sections 323, 452, and 354 IPC. The court dismissed the petition as the FIR disclosed a prima facie cognizable offence demanding investigation.
The writ petition to quash the first information report was dismissed.
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Court No. - 29
Case :- CRIMINAL MISC. WRIT PETITION No. - 6900 of 2018
Petitioner :- Raj Mali And Another Respondent :- State Of U P And 3 Others Counsel for Petitioner :- Mani Shanker Pandey,Munesh Kumar Mishra
Counsel for Respondent :- G.A.
Hon'ble Govind Mathur,J. Hon'ble Ashok Kumar,J.
Heard Sri Mani Shankar Pandey, learned counsel for the petitioners, 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. 87 of 2018 pending investigation at Police Station Nawabganj, District Allahabad pertaining to offence punishable under Sections 323, 452, 354, 354(Kha) I.P.C.
Learned counsel for the petitioners submits that no case is made out against the petitioners 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 :- 21.3.2018 Shubham
(Ashok Kumar,J.) (Govind Mathur,J.)
1 issue framed by the court
Whether the first information report disclosing prima facie commission of an offence requires quashing under Article 226.
2 provisions across 2 enactments
Raj Mali
Another
State Of U P
3 Others
Govind Mathur
Ashok Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
