In a Writ Petition under Article 226 seeking quashing of an FIR for cheating and forgery, the High Court found no justifiable reason to interfere as the FIR disclosed allegations of serious cognizable offences and dismissed the petition.
Writ Petition for quashing of FIR dismissed.
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Court No. - 29
Case :- CRIMINAL MISC. WRIT PETITION No. - 7064 of 2018
Petitioner :- Raju Chaubey Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Neeraj Kumar Srivastava,Santosh Kumar Tripathi Counsel for Respondent :- G.A.
Hon'ble Govind Mathur,J. Hon'ble Ashok Kumar,J.
Heard learned counsel for the petitioner, learned AGA for the respondents-State and perused the record.
This petition for writ under Article 226 of the Constitution of India is preferred with a prayer to quash the first information report dated 18.8.2017 bearing Case Crime No. 397 of 2017 pending investigation at Police Station Kydganj, District Allahabad pertaining to offence punishable under Sections 419, 420 IPC and Section 65/66 I.T. Act.
Learned counsel for the petitioner submits that no case is made out against the petitioner for the offences referred in the first information report.
Having considered the averments contained in the first information report, we do not find any justifiable reason to interfere with the same. The contents of the first information report discloses the allegations pertaining to commission of serious offence cognizable and that in no manner warrants interference under Article 226 of the Constitution of India. Further no case for staying the arrest of the petitioner too is made out.
The writ petition is dismissed.
Order Date :- 22.3.2018 Bhaskar
(Ashok Kumar, J.) (Govind Mathur, J.)
1 issue framed by the court
Whether the Writ Court ought to interfere with the FIR even when facts disclose commission of serious cognizable offence.
1 provisions across 1 enactments
Raju Chaubey
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
