This court dismissed a criminal miscellaneous writ petition seeking an order quashing an FIR. It held that the FIR disclosed a cognizable offence requiring investigation, noting the petitioner was not named therein.
Writ petition dismissed; right to apply for bail/anticipatory bail remains.
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Court No. - 29
Case :- CRIMINAL MISC. WRIT PETITION No. - 1894 of 2020
Petitioner :- Amar Bahadur Patel Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Amlendu Maya Shukla Counsel for Respondent :- G.A.
Hon'ble Pankaj Mithal,J. Hon'ble Pradeep Kumar Srivastava,J.
Heard learned counsel for the petitioner and learned A.G.A. for the respondents.
The prayer in the writ petition is for the quashing of the F.I.R. dated 05.01.2020 in Case Crime No. 7 of 2020, under Sections 41 Cr.P.C & 411, 413, 414, 419, 420, 467, 468 & 471 IPC, Police Station Ghoorpur, District Prayagraj.
The submission of learned counsel for the petitioner is that he is not named in the FIR and it is only one of the co-accused, who has taken the name of the petitioner that the police is proceedings against him also.
We have perused the allegations made in the F.I.R. and are fully satisfied that the FIR discloses a cognizable offence which requires investigation. It is therefore, not a fit case where FIR can be quashed or interfered with at the behest of the petitioner.
In view of the aforesaid facts and circumstances, the writ petition is dismissed without prejudice to the right of the petitioner to apply for bail/anticipatory bail in accordance with law.
Order Date :- 18.2.2020 piyush
2 issues framed by the court
Whether the FIR should be quashed under Article 226 of the Constitution.
Whether the petitioner is named in the FIR as an accused.
2 provisions across 2 enactments
Amar Bahadur Patel
State Of U.P.
2 Others
Pankaj Mithal
Pradeep Kumar Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
