This petition sought quashing of an FIR under IPC and PCA. The court held that the allegations constituted an offence. The writ petition was dismissed without prejudice to the petitioner's right to apply for bail.
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Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 1152 of 2022
Petitioner :- Diwan Dayanand Rawat Respondent :- State Of U.P. Through Principal Secretary, Home,
Counsel for Petitioner :- Nitesh Kumar Srivastava Counsel for Respondent :- G.A.
Hon'ble Anjani Kumar Mishra,J. Hon'ble Deepak Verma,J.
Heard Sri Nitesh Kumar Srivastava, learned counsel for the petitioner and learned A.G.A for the State respondents.
The instant writ petition seeks quashing of the F.I.R. dated 20.11.2021 giving rise to Case Crime No. 0239 of 2021, under Sections 504, 506 I.P.C. and Sections 7 and 13 of The Prevention of Corruption Act, 1988, Police Station Salempur, District Deoria.
The contention of learned counsel for the petitioner is that on the same allegations he had been placed under suspension. The order of suspension was challenged, wherein stay has been granted in favour of the petitioner. The second contention raised is that the first information report has been lodged six months after the incident and, therefore, the petitioner is liable to be granted relief.
Upon hearing counsel for the petitioner and also learned AGA, we find that allegations made in the first information report constitute an offence. The first information report, therefore, cannot be quashed.
The writ petition, under the circumstances, is dismissed , however, without prejudice to the right of the petitioner to apply for bail.
Order Date :- 15.2.2022 Nitin Verma
Digitally signed by NITIN KUMAR VERMA Date: 2022.02.16 10:55:46 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether the FIR alleging offences under Sections 504, 506 IPC and sections 7 and 13 of the Prevention of Corruption Act should be quashed.
Whether the delay in lodging the FIR entitles the petitioner to quashing relief.
2 provisions across 2 enactments
Diwan Dayanand Rawat
State Of U.P. Through Principal Secretary, Home
Anjani Kumar Mishra
Deepak Verma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
