The High Court dismissed a criminal writ petition seeking quashing of an FIR for cheating and theft. The petitioner claimed false implication but failed to provide specific reasons. The court found no ground to interfere.
Petition dismissed with liberty to apply for bail as advised.
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. - 33
Case :- CRIMINAL MISC. WRIT PETITION No. - 9739 of 2019
Petitioner :- Janardan Respondent :- State Of U.P. And Another Counsel for Petitioner :- Dhiraj Kumar Pandey 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 State-respondent nos. 1 & 2 and perused the record.
The instant petition seeks quashing of the FIR dated 15.12.2018 registered as Case Crime No. 373 of 2018, under Sections 419, 420, 41 & 411 I.P.C., at Police Station Parasrampur, District Basti.
The allegation in the impugned First Information Report is that a large quantity of stolen electronic items such as mobile phones, laptop, charger, mobile battery etc. were recovered from bags that were thrown while escaping on motorcycles which were sought to be apprehended. The petitioner is named in the F.I.R. alongwith other accused persons as a person who managed to effect his arrest.
Learned counsel for the petitioner states that the petitioner has been falsely implicated in this case.
However, there is no specific statement in the writ petition as to why the police would falsely implicate the petitioner. In view of the above, we do not find a good ground to interfere in the writ jurisdiction.
The petition is dismissed with liberty to the petitioners to apply for bail, if so advised.
Order Date :- 15.4.2019
Vibha Singh
2 issues framed by the court
Whether the High Court can interfere in the writ jurisdiction to quash the FIR on the ground of false implication without specific reasons or material.
Whether the allegations in the FIR disclose a prima facie case of false implication warranting quashing.
1 provisions across 1 enactments
Janardan
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
