Wasim @ Shanu and 2 Others Vs State of U.P. and 3 Others

Court No. - 40

Case :- CRIMINAL MISC. WRIT PETITION No. - 2814 of 2021

Petitioner :- Wasim @ Shanu And 2 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Anwar Hussain Counsel for Respondent :- G.A.

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Hon'ble Manoj Misra,J. Hon'ble Rohit Ranjan Agarwal,J.

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Heard learned counsel for the petitioners; learned A.G.A. for the respondents 1, 2 and 3; and perused the record.

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The instant petition seeks quashing of the first information report dated 11.02.2021 registered as Case Crime No.0081 of 2021, under Sections 354, 323 and 506 IPC at P.S. Banna Devi, District Aligarh.

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The allegations made in the impugned first information report disclose commission of cognizable offence.

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The case of the petitioners is that the allegations are false and already litigations are pending between the parties.

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Whether the allegations are false or not would have to be determined on the basis of material collected during the course of investigation and the evidence led in trial and therefore, on the grounds taken, the prayer of the petitioners to quash the first information report cannot be accepted, at this stage.

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The petition is dismissed without prejudice to the right of the petitioners to apply for bail/anticipatory bail, as may be advised.

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Order Date :- 5.4.2021.

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Rks.

Wasim @ Shanu and 2 Others v. State of U.P. and 3 Others

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Wasim @ Shanu and 2 Others v. State of U.P. and 3 Others

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