The court dismissed a criminal miscellaneous writ petition seeking quashing of an FIR at the initialization stage, noting that the petitioner was not named in the FIR and no allegations surfaced regarding his involvement during investigation.
Quashing of the FIR was dismissed with liberty to file at a subsequent stage.
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. - 43
Case :- CRIMINAL MISC. WRIT PETITION No. - 5806 of 2019
Petitioner :- Satish Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Munesh Kumar Counsel for Respondent :- G.A.
Hon'ble Pankaj Naqvi,J. Hon'ble Umesh Kumar,J.
Heard Sri Munesh Kumar, learned counsel for the petitioner, the learned AGA and perused the impugned F.I.R, as well as material brought on record.
The relief sought in this petition is for quashing of the F.I.R, dated 06.05.2017 registered as Case Crime No. 0073 of 2017, under sections 147, 148, 149, 332, 353, 336, 427, 307 IPC and under Section 7 Criminal Law Amendment Act, P.S. Arniya, District Bulandshahar.
This petition has been filed only on assumptions made in paragraph-15 of the writ petition.
The petitioner is neither named in the FIR, nor is there any allegation that his name surfaced during investigation.
The writ petition is dismissed at this stage but with liberty to file at a subsequent stage in accordance with law.
Order Date :- 5.3.2019 N.S.Rathour
2 issues framed by the court
Whether the FIR should be quashed at the initiation stage.
Whether the petitioner's name being absent in the FIR warrants dismissal of the petition.
2 provisions across 2 enactments
Satish
State Of U.P.
2 Others
Pankaj Naqvi
Umesh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
