Single judge of Criminal Misc. W.P. rejected the petition seeking quashing of an FIR, holding that the FIR could not be quashed as the petitioner was specifically alleged in it for taking away an auto. The petition was dismissed with liberty to apply for bail.
Petition dismissed with liberty to the petitioner to apply for bail.
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Court No. - 33
Case :- CRIMINAL MISC. WRIT PETITION No. - 10543 of 2019
Petitioner :- Anshul Babra Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Jitendra Kumar,Sudhir Kumar Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J. Hon'ble Suresh Kumar Gupta,J.
Heard learned counsel for the petitioner, learned A.G.A. for the respondents no. 1, 2 and 3 and perused the record.
The instant petition seeks quashing of the F.I.R. dated 18.3.2019 registered as Crime No. 212 of 2019, under Sections 393, 323, and 506 I.P.C., at P.S. - Kankarkhed District - Meerut.
The allegation in the impugned first information report is that four persons forcibly took away the auto of the informant. The petitioner is specifically named in the first information report.
In view of the above, the prayer of the petitioner to quash the first information cannot be accepted.
The petition is dismissed with liberty to the petitioner to apply for bail.
Order Date :- 22.4.2019 Md Faisal
1 issue framed by the court
Whether the petition for quashing the FIR under Section 397 CrPC can be allowed on the facts of the case.
Anshul Babra
State Of U.P.
Manoj Misra
Suresh Kumar Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
