This court dismissed the second writ petition for quashing an FIR as not maintainable in law after a prior writ on the same cause of action was previously dismissed by this court.
Petition for quashing of the FIR is dismissed as not maintainable.
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Court No. - 29
Case :- CRIMINAL MISC. WRIT PETITION No. - 1579 of 2020
Petitioner :- Smt. Shiva Yadav Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ashok Kumar Tripathi Counsel for Respondent :- G.A.
Hon'ble Pankaj Mithal,J. Hon'ble Pradeep Kumar Srivastava,J.
Heard Sri A.K. Tripathi, learned counsel for the petitioner, learned A.G.A. for the respondents No. 1 to 3 and Sri Imran Khan, learned counsel for respondent No.4.
The petitioner has preferred this petition for quashing of the F.I.R. dated 07.11.2019 registered as Case Crime No. 0378 of 2019 under Sections 147, 148, 323, 504, 506, 302 and 34 I.P.C., Police Station Jhagaha, District Gorakhpur.
The petitioner for the same purpose had earlier filed Criminal Writ No. 25196 of 2019 along with 2 others and the same was dismissed vide order dated 09.12.2019 holding that since the allegations disclose commission of cognizable offence and that too of murder and the petitioners are named in the F.I.R., no case for quashing of the F.I.R. is made out.
In view of the above, this is the second petition by the petitioner for the same cause of action which is not maintainable in law.
It is accordingly dismissed .
It is open for the petitioner to apply for bail in accordance with law and it is expected that the investigation shall be completed expeditiously provided petitioner cooperates and participates in the proceedings.
Order Date :- 3.2.2020 Nirmal_Sinha
1 issue framed by the court
Whether a second writ petition for quashing the same FIR filed on the same cause of action is maintainable in law.
Smt. Shiva Yadav
State Of U.P.
Pankaj Mithal
Pradeep Kumar Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
