Dismissed

Murali Sharma Alias Murali Ramdutt Sharma and 3 Others v. State of U.P. and 3 Others

Allahabad HC22 Oct 2020CRLP/11291/2020

Case brief

AI extract

What is this about?

Criminal Misc. Writ Petition challenging the quashability of an FIR registered under IPC Sections 302 and 120-B. The High Court held that FIR registration cannot be faulted on jurisdictional grounds regarding place of trial, especially since the deceased was taken from the station involved and no other FIR was registered. Petition dismissed.

What did the court decide?

The prayer to quash the First Information Report registered as Crime No. 0229 of 2020 is dismissed.

Murali Sharma Alias Murali Ramdutt Sharma and 3 Others Vs… — Quashing and FIR | Allahabad HC (2020)

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Court No. - 48

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Case :- CRIMINAL MISC. WRIT PETITION No. - 11291 of 2020 Petitioner :- Murali Sharma Alias Murali Ramdutt Sharma And 3 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Paritosh Kumar Malviya Counsel for Respondent :- G.A.,Santosh Kumar Srivastava

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Hon'ble Manoj Misra,J. Hon'ble Sanjay Kumar Pachori,J.

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Heard learned counsel for the petitioners; learned AGA for respondents 1 and 2; and perused the record.

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The instant petition seeks quashing of the first information report dated 12th August, 2020 registered as Case Crime No.0229 of 2020, under Sections 302 and 120-B I.P.C. at Police Station Siddharth Nagar, District Siddharth Nagar.

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The allegation in the impugned first information report is that the accused (petitioners), who have a firm in district Bareilly relating to wood-work, had been taking labours from the village as also from other places of the district to Assam for their work. It is alleged that brother of the informant was working with them as a labour and his dues to the tune of Rs. 5 lacs were due and pending for which he was raising demand therefore, just to avoid the liability, the brother of the informant was murdered and was fraudulently brought to the Guwahati Medical College for showing their bona fides.

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The contention of learned counsel for the petitioners is that the incident occurred in Guwahati (Assam) and therefore the police of police station Siddharth Nagar would have no jurisdiction to investigate the matter.

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As it is alleged that the deceased was taken from Siddharth Nagar for being used as a labour, it cannot be said that the police of Siddharth Nagar would have no power to register a first information report and investigate the matter. Even otherwise, the issue of jurisdiction is with regard to the place of holding trial. An FIR can be registered at any police station. It can be even registered as a Zero FIR and transmitted to the police station concerned if commission of no offence is found within the jurisdiction of the police station which has accepted the FIR.

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As from the record, it appears that the postmortem of the deceased indicated that the death was due to coma as a result of anti-mortem head injury and the deceased was allegedly taken by the accused from district Siddharth Nagar, the registration of the FIR cannot be faulted. Hence, the prayer of the petitioners to quash the first information report cannot be accepted, particularly, when it has not been demonstrated that any other FIR of the crime has been registered at any other place.

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The petition is dismissed.

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Order Date :- 22.10.2020/Rks.

Murali Sharma Alias Murali Ramdutt Sharma and 3 Others v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Murali Sharma Alias Murali Ramdutt Sharma and 3 Others v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

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