A criminal writ petition seeking quashing of an FIR under various IPC sections was dismissed. The High Court found the allegations constituted a cognizable offence and declined to exercise extraordinary jurisdiction to quash the report.
The writ petition was dismissed. Investigation was ordered to be completed expeditiously.
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. - 29
Case :- CRIMINAL MISC. WRIT PETITION No. - 1596 of 2020
Petitioner :- Vishal Bansal And 2 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Shri Krishna Mishra Counsel for Respondent :- G.A.
Hon'ble Pankaj Mithal,J. Hon'ble Pradeep Kumar Srivastava,J.
Heard Shri Krishna Mishra, learned counsel for the petitioners, learned AGA for the State and Shri Rohan Gupta, Advocate who has put in appearance on behalf of the respondent no. 4, complainant.
The petitioners have preferred this petition for the quashing of the First Information Report dated 12.07.2019 registered as Case Crime No. 0166 of 2019, under sections 386, 420, 323, 504, 506, 34 & 120-B I.P.C., Police Station Juhi, District kanpur Nagar.
We have gone through the allegations made in the F.I.R. and found that the same constitute a cognizable offence and as such, it is not a case where the F.I.R. be quashed in exercise of the extra ordinary jurisdiction.
In view of the aforesaid facts and circumstances of the case, we decline to interfere in the matter and the writ petition is dismissed without prejudice to the rights of the petitioners to apply for bail/anticipatory bail. It is expected that the investigation be completed in accordance with law most expeditiously.
Order Date :- 3.2.2020 Bhanu
1 issue framed by the court
Whether the First Information Report constitutes a cognizable offence justifying dismissal of quashing petition.
Vishal Bansal And 2 Others
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
