The court dismissed a criminal miscellaneous writ petition seeking quashing of a first information report. The High Court held that since the allegations disclosed a cognizable offence under the IPC, the petition could not be accepted.
None. The petition was dismissed.
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Court No. - 33
Case :- CRIMINAL MISC. WRIT PETITION No. - 10222 of 2019
Petitioner :- Mukesh Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Kartikey Singh Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J. Hon'ble Suresh Kumar Gupta,J.
Heard learned counsel for the petitioner; the learned A.G.A. for the respondents 1 and 2; and perused the record.
The instant petition seeks quashing of the first information report dated 18.02.2019 registered as Case Crime No. 0141 of 2019 at P.S. Vrindavan, District- Mathura, under Sections 332, 504, 506, 427 I.P.C.
The allegation in the first information report, which has been lodged by Lekhpal-the informant, is with regard to creating hindrance in performance of government duties connected with welfare scheme, namely, Pradhanmantri Samman Nidhi Yojna. It is alleged that the accused threatened the government officials and official papers were snatched and torn.
As the allegations disclose commission of cognizable offence, the prayer to quash the first information report cannot be accepted.
The petition is dismissed with liberty to the petitioner to apply for bail.
Order Date :- 18.4.2019 Sunil Kr Tiwari
1 issue framed by the court
Whether the petition for quashing of the first information report disclosing a cognizable offence should be accepted.
1 provisions across 1 enactments
Mukesh
State of U.P.
2 Others
Manoj Misra
Suresh Kumar Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
