This Chamber dismissed a criminal miscellaneous writ petition seeking quashing of an F.I.R. alleging cognizable offences, finding no just reason to interfere under Article 226. The prayer for arrest stay was directed to the appropriate court.
Quashing of the First Information Report and stay of arrest dismissed.
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In Chamber
Case :- CRIMINAL MISC. WRIT PETITION No. - 7732 of 2020
Petitioner :- Taufiq Khan And 3 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Pratik Chandra,Asha Parihar,Pradeep Chandra(Senior Adv.) Counsel for Respondent :- G.A.
Hon'ble Govind Mathur,Chief Justice Hon'ble Samit Gopal,J.
Sri Syed Ali Murtaza, learned Additional Government Advocate appears on behalf of the State.
This petition for writ is preferred to get the First Information Report dated 17th July, 2020 (Case Crime No. 253 of 2020 under Sections 452, 323, 504, 506 and 354 I.P.C. Police Station Kotwali, District Pilibhit) quashed. A perusal of the contents of First Information Report discloses allegations relating to cognizable offence.
In view of it, we do not find any just reason to interfere in the matter while invoking powers under Article 226 of the Constitution of India. So far as the prayer with regard to stay of arrest of the petitioners is concerned, the petitioners may move before the appropriate Court as per provisions of Section 438 of the Code of Criminal Procedure, 1973 (Uttar Pradesh Amendment). The writ petition is dismissed.
Order Date :- 18.8.2020 VMA
(Samit Gopal, J.) (Govind Mathur, C.J.)
1 issue framed by the court
Whether the First Information Report alleging cognizable offences should be quashed under Article 226 of the Constitution of India.
2 provisions across 2 enactments
Taufiq Khan And 3 Others
State Of U.P. And 3 Others
Govind Mathur
Samit Gopal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
