The Hon'ble High Court dismissed the criminal miscellaneous writ petition as not maintainable at the stage where the complainant protested against the police final report.
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Court No. - 46
Case :- CRIMINAL MISC. WRIT PETITION No. - 5880 of 2021
Petitioner :- Tej Singh @ Tejveer Singh And 3 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Kapil Kumar Counsel for Respondent :- G.A.
Hon'ble Surya Prakash Kesarwani,J. Hon'ble Piyush Agrawal,J.
Heard Mrs. Saumya Singh holding brief of Sri Kapil Kumar, learned counsel for the petitioners and Mrs. Manju Thakur, learned AGA for State-respondents.
This writ petition has been filed for quashing the impugned F.I.R. No. 002 of 2020, dated 02.01.2020, under Section 420, 467, 468, 471 IPC, Police Station Jahangirabad, District Bulandshahr.
Learned counsel for the petitioner submits that the first information report has been lodged by one Sri Dharmendra, who is the son in law of petitioner nos. 1 and 2. There is matrimonial dispute between the informant-respondent no. 3 and daughter of petitioner nos. 1 and 2 for which the informant -respondent no. 3 has also filed Matrimonial Case No. 1196 / 503 of 2019 (Dharmendra Vs. Reena) under Section 13 of Hindu Marriage Act, which is pending. She further submits that the impugned first information report has been maliciously lodged against the petitioners with ill motive.
Learned AGA points out that pursuant to the impugned first information report, the police has submitted a final report dated 25.2.2020 against which a protest application has been filed by the informant -respondent. She, therefore, submits that the writ petition itself is not maintainable at this stage.
In view of aforesaid, the writ petition is dismissed as not maintainable.
Order Date :- 4.8.2021 Rahul Dwivedi/-
1 issue framed by the court
Whether the writ petition for quashing the FIR is maintainable when the informant objects to the final report.
Tej Singh @ Tejveer Singh And 3 Others
State Of U.P. And 3 Others
Surya Prakash Kesarwani
Piyush Agrawal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
