Criminal Miscellaneous Writ Petition seeking quashing of an FIR involving threats and extortion. The court held that once cognizable offences are disclosed, investigation must proceed and dismissed the petition.
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Court No. - 48
Case :- CRIMINAL MISC. WRIT PETITION No. - 11315 of 2020
Petitioner :- Susheel Singh Respondent :- State Of U P And 2 Others Counsel for Petitioner :- Ajay Kumar Mishra Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J. Hon'ble Sanjay Kumar Pachori,J.
Heard learned counsel for the petitioner; learned AGA for respondents 1 and 2; and perused the record.
The instant petition seeks quashing of the first information report dated 8th May, 2020 registered as Case Crime No.141 of 2020, under Sections 386, 504 and 506 I.P.C. and Section 66 Information Technology Act, 2008 at Police Station Cantt, District Prayagraj.
The allegation in the impugned first information report is that the informant's family have faced two deaths. The mother of the victim, namely, Smt. Poonam Singh, is an eye witness of the murder and she is being threatened by the accused. Specific allegations have been made in respect of phone calls extending threats as also with regard to extortion. The petitioner is named in the first information report.
The contention of learned counsel for the petitioner is that the impugned first information report has been lodged with an oblique purpose because the petitioner himself is a witness in another crime and to coerce the petitioner not to depose, the impugned first information report has been lodged.
Be that as it may, once the allegations disclose commission of cognizable offences the matter would have to be investigated to find out, firstly, whether any offence has been committed, and, secondly, as to who has committed the crime, therefore the prayer of the petitioner to quash the first information report cannot be accepted.
The petition is dismissed .
Order Date :- 22.10.2020. Rks.
1 issue framed by the court
Whether a first information report disclosing cognizable offences can be quashed under Article 226 of the Constitution.
Susheel Singh
State Of U P
2 Others
Manoj Misra
Sanjay Kumar Pachori
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
