Court dismissed writ petition seeking quashing of FIR under IPC Sections 279 and 304A. Court held that allegations of incorrect car ownership and village office held by petitioner could not be addressed in Writ Court and were for bail application.
Writ petition seeking quashing of FIR dismissed without prejudice to right to apply for bail.
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Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 1035 of 2022
Petitioner :- Himanshu Rajak Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Rajendra Babu Gaur Counsel for Respondent :- G.A.
Hon'ble Anjani Kumar Mishra,J. Hon'ble Deepak Verma,J.
Heard learned counsel for the petitioner and learned A.G.A. for the State.
The petition seeks quashing of the first information report dated 10.12.2021 giving rise to Case Crime No.0922 of 2021 under Sections 279, 304A IPC, Police Station Tilhar, District Shahjahanpur.
The contention of the learned counsel for the petitioner is that in the first information report, the allegations is that an accident has resulted from a car, which belongs to the petitioner is that the petitioner is the Gram Pradhan of village Ishwara. Both the allegations are incorrect. He is neither owner of any car nor of the Pradhan.
The allegations made on the defence of the petitioner, an accused, which defence cannot be looked into by the writ Court in a writ petition seeking quashing of the first information report. The submissions that are being made might be a valid considerations in a bail application.
Under the circumstances, the writ petition is dismissed, without prejudice to the right of the petitioner to apply for bail/ anticipatory bail.
Order Date :- 11.2.2022 RKM
Digitally signed by RAJESH KUMAR MAURYA Date: 2022.02.11 15:24:29 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether allegations against the petitioner in the FIR concerning car ownership and village office are valid grounds for quashing the First Information Report.
1 provisions across 1 enactments
Himanshu Rajak
State Of U.P.
Anjani Kumar Mishra
Deepak Verma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
