This is the second writ petition seeking to quash an FIR registered under Sections 363 and 366 I.P.C. The single-judge bench dismissed the petition as highly misconceived.
The writ petition to quash the FIR was dismissed as highly misconceived.
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. - 46
Case :- CRIMINAL MISC. WRIT PETITION No. - 10367 of 2019
Petitioner :- Rajan And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Vinay Kumar Pathak,Prashant Tiwari Counsel for Respondent :- G.A.
Hon'ble Naheed Ara Moonis,J. Hon'ble Anil Kumar-IX,J.
Heard learned counsel for the petitioners and learned AGA for the State.
By means of the present writ petition, the petitioners has invoked extraordinary jurisdiction of this Court with a prayer to quash the first information report dated 27.12.2018 registered as Case Crime No. 0747 of 2018, under Sections 363 and 366 I.P.C., police station Noida Sector-58, district Gautam Budh Nagar.
This is the second petition moved on behalf of the petitioners for the same cause and relief as earlier writ was dismissed on 30.1.2019 by the Coordinate Bench of this court.
The writ petition is highly misconceived and is accordingly dismissed.
Order Date :- 19.4.2019
Shahnawaz
2 issues framed by the court
Whether the first information report under Sections 363 and 366 I.P.C. should be quashed.
Whether the writ petition invoking extraordinary jurisdiction to quash the FIR is maintainable.
Rajan And Another
State Of U.P. And 3 Others
Naheed Ara Moonis
Anil Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
