The Single Judge dismissed the writ petition seeking quashing of an FIR under Sections 376, 506 and 452 IPC, holding that prima facie a cognizable offence was made out and no ground existed for quashing.
Prayer for quashing of FIR refused. Petitioner granted 30 days to appear and apply for bail.
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Court No. - 46
Case :- CRIMINAL MISC. WRIT PETITION No. - 9784 of 2019
Petitioner :- Dipu Alias Hemant Singh Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Furquan Ahmad (Alvi) Counsel for Respondent :- G.A.
Hon'ble Naheed Ara Moonis,J. Hon'ble Anil Kumar-IX,J.
Certified copy of the first information report filed by the learned counsel for the petitioner is taken on record.
Heard learned counsel for the petitioner and the learned A.G.A. for the State.
By means of the present writ petition, the petitioner has invoked extraordinary jurisdiction of this Court with a prayer to quash the FIR dated 9.4.2019 registered as Case Crime No. 0088 of 2019, under Sections 376, 506 and 452 IPC, P.S. Bansi, District Siddharth Nagar.
It is submitted by the learned counsel for the petitioner that the petitioner is being unnecessarily harassed on the basis of false allegation made against him while prima facie no cognizable offence is made out pursuant to the FIR lodged by the respondent no. 3. Hence the FIR deserves to be quashed.
Per contra learned A.G.A. contended that the allegations made in the first information report cannot be aborted at this stage. The petitioner will have sufficient opportunity to rebut the allegations.
From the perusal of the FIR, prima facie it cannot be said that no cognizable offence is made out against the petitioner. The petitioner is involved in the serious offences hence no ground exists for quashing of the F.I.R. or staying the arrest of the petitioner. The prayer for quashing the FIR is refused.
The petition is accordingly dismissed.
However, it is provided that if the petitioner appears or surrenders before the Court concerned within thirty days from today and applies for bail in the aforesaid case, his prayer for bail shall be considered by the court below expeditiously in accordance with law.
Order Date :- 16.4.2019 Shahnawaz
1 issue framed by the court
Whether the FIR registered under Sections 376, 506 and 452 IPC deserves quashing.
Dipu Alias Hemant Singh
State Of U.P.
Naheed Ara Moonis
Anil Kumar-IX
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
