This judgment dismisses a Criminal Misc. Writ Petition seeking quashment of an FIR. The court declines to interfere, noting related bail applications were dismissed, and leaves open the path for bail applications.
Writ petition dismissed; petitioners left open to apply for bail.
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Court No. - 48
Case :- CRIMINAL MISC. WRIT PETITION No. - 17101 of 2020
Petitioner :- Sandeep @ Sandeep Kumar And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Santosh Kumar Shukla Counsel for Respondent :- G.A.,P.K. Upadhyay
Hon'ble Surya Prakash Kesarwani,J. Hon'ble Shamim Ahmed,J.
Heard learned counsel for the petitioners, the learned A.G.A. and Sri P.K. Upadhyay, learned counsel for informant - respondent No.3.
This writ petition has been filed praying to quash the First Information Report No.344/2020 under Sections 498-A, 323, 504, 506, I.P.C. & 3/4 D. P. Act, P.S.: Kotwali Tirwa, District: Kannauj.
Learned counsel for the informant - respondent No.3 submits that Criminal Misc. Writ Petition No.13994 of 2020 (Smt. Priyanka Tripathi and another vs. State of U.P. And 2 others) filed by co-accused has been dismissed by this court by order dated 01.12.2020.
Learned A.G.A. submits that anticipatory bail application of the present petitioners has been dismissed by learned Single Judge vide order dated 08.01.2021 passed in Criminal Misc. Anticipatory Bail Application under Section 438, Cr.P.C. No.209 of 2021 (Pramod Kumar and 4 others vs. State of U.P.).
In view of the facts mentioned above, we are not inclined to interfere with the impugned first information report. Therefore, without expressing any opinion on merits of the case of the petitioners, the writ petition is dismissed , leaving it open to the petitioners to apply for bail, in accordance with law.
Order Date :- 18.1.2021 NLY
1 issue framed by the court
Whether this court should quash the First Information Report No.344/2020.
2 provisions across 2 enactments
Sandeep @ Sandeep Kumar And Another
State Of U.P. And 2 Others
Surya Prakash Kesarwani
Shamim Ahmed
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
