Court dismissed a criminal miscellaneous writ petition seeking quashing of an FIR under Section 306 IPC. The Court held that the constitutional court cannot examine the correctness of allegations and interference would impede investigation.
The writ petition seeking quashing of the FIR was dismissed.
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Court No. - 44
Case :- CRIMINAL MISC. WRIT PETITION No. - 5512 of 2021
Petitioner :- Anchal Nehra Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Pravesh Kumar Counsel for Respondent :- G.A.,Prateek Tyagi
Hon'ble Mrs. Sunita Agarwal,J. Hon'ble Mrs. Sadhna Rani (Thakur),J.
Heard learned counsel for the petitioner, Sri Prateek Tyagi, learned counsel for the respondent no.4 and learned AGA for the State-respondents.
By means of the present petition, the petitioner herein seeks for quashing of the first information report dated 23.06.2021 registered as Case Crime No.401 of 2021, under Section 306 IPC, P.S.- Sadar Bazar, District- Shahjahanpur.
Having perused the allegations made in the first information report, it cannot be said that no cognizable offence is made out against the petitioner. The correctness of the allegations in the first information report cannot be examined within the scope of Article 226 of the Constitution of India. Moreover, any interference at this stage may impede the process of speedy investigation.
We, therefore, do not find any merit in the writ petition. The same is, accordingly, dismissed .
Order Date :- 7.9.2021
P Kesari
1 issue framed by the court
Whether the quashing of FIR under Section 306 IPC is permissible when allegations make out a cognizable offence.
2 provisions across 2 enactments
Anchal Nehra
State Of U.P.
Sunita Agarwal
Sadhna Rani (Thakur)
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
