Criminal Misc. Writ Petition seeking quashing of an FIR based on cognizable offences. The Court found that a cognizable offence is made out and thus declined to interfere with the FIR. Petitioners were granted liberty to approach the Court for anticipatory bail.
moot
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Chief Justice's Court
Case :- CRIMINAL MISC. WRIT PETITION No. - 7418 of 2020
Petitioner :- Smt. Savita Kumari And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Rajesh Sharma Counsel for Respondent :- G.A.
Hon'ble Govind Mathur,Chief Justice Hon'ble Samit Gopal,J.
By means of this petition, the petitioners have prayed for a writ, order or direction in the nature of certiorari quashing the impugned first information report dated 10.06.2020 registered as Case Crime No. 0232 of 2020 under Sections 147, 452, 354(Ka), 354(Ga), 323, 504, 506 I.P.C., P.S. Iglas, District Aligarh and not to harass/arrest the petitioners in pursuance of the aforesaid case.
After perusing the FIR, we are not inclined to interfere in the matter as cognizable offence is made out. Accordingly, the petition is dismissed.
However, the petitioners will be at liberty to approach the Court concerned under Section 438 of the Code of Criminal Procedure, 1973.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
The computer generated copy of such order shall be self attested by the counsel of the party concerned.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 5.8.2020 AS Rathore
(Samit Gopal,J.) (Govind Mathur, C.J.)
2 issues framed by the court
Whether the impugned FIR under Sections 147, 452, 354, 323, 504, 506 IPC warrants quashing of the proceeding via Certiorari application?
Whether the petitioners should be granted liberty to approach the Court for anticipatory bail under Section 438 CrPC?
Smt. Savita Kumari And Another
State Of U.P.
Govind Mathur
Samit Gopal
As recorded by the court registry
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