The court dismissed the writ petition seeking to quash the FIR and restrain arrest. It held that existing facts and Supreme Court precedents indicated no ground to quash the complaint.
Writ petition dismissed. Petitioner restrained from being quashed from being absolved from arrest.
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Court No. - 45
Case :- CRIMINAL MISC. WRIT PETITION No. - 4386 of 2021
Petitioner :- Dhauji Dayal Chauhan And 3 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ankit Agarval Counsel for Respondent :- G.A.,Bindeshwari Prasad Mishra
Hon'ble Surya Prakash Kesarwani,J. Hon'ble Gautam Chowdhary,J.
Heard learned counsel for the petitioners and learned A.G.A. for the Staterespondents.
This writ petition has been filed, praying for the following reliefs:-
(i) Issue a writ order, or direction in the nature of certiorari quashing the impugned First Information report dated 07.05.2021, registered as Case Crime No. 0485 of 2021, under Sections 354, 376, 323, 342, 504, 506 I.P.C., P.S. Highway, District-Mathura.
(ii) Issue a writ order, or direction in the nature of mandamus commanding the respondents not to arrest the petitioners in pursuance of the impugned First Information report dated 07.05.2021, registered as Case Crime No. 0485 of 2021, under Sections 354, 376, 323, 342, 504, 506 I.P.C., P.S. Highway, District-Mathura.
On 22.06.2021, this Court directed to learned A.G.A. to obtain instructions with regard to recording statement of the victim under Section 164 Cr. P.C.
Today, learned A.G.A. states on instructions that statement of the victim has been recorded under section 164 Cr. P.C. He also submitted through Video Conferencing that statement of the victim has been recorded and the statement corroborate with the allegations in the FIR.
Considering the facts and circumstances of the case and also in view of law laid down by Hon’ble Supreme Court in the case of State of Haryana and others vs. Bhajan Lal and others, 1992 Supp. (1) SCC 335 and M/s Neeharika Infrastructure Pvt. Ltd. vs. State of Maharashtra, AIR OnLine 2021 SC 192, we do not find any good reason to quash the impugned first information report. Therefore, writ petition is dismissed .
Order Date :- 8.7.2021 T.S.
Digitally signed by Justice Surya Digitally signed by Justice Gautam Prakash Kesarwani Chowdhary Date: 2021.07.09 13:57:30 IST Date: 2021.07.09 15:18:59 IST Reason: Document Owner Reason: Document Owner Location: High Court of Judicature at Location: High Court of Judicature at Allahabad Allahabad
2 issues framed by the court
Whether the First Information Report should be quashed under Section 482 Cr.P.C.
Whether the petitioners should be restrained from being arrested in pursuance of the FIR.
Colour shows how this judgement treated each authority
State of Haryana and others vs. Bhajan Lal and othersReferred¶11
State of Haryana and others vs. Bhajan Lal and others, 1992 Supp. (1) SCC 335 · Who else cites this
M/s Neeharika Infrastructure Pvt. Ltd. vs. State of MaharashtraReferred¶11
M/s Neeharika Infrastructure Pvt. Ltd. vs. State of Maharashtra, AIR OnLine 2021 SC 192 · Who else cites this
Dhauji Dayal Chauhan And 3 Others
State Of U.P. And 2 Others
Surya Prakash Kesarwani
Gautam Chowdhary
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
