The High Court dismissed a writ petition seeking quashing of an FIR under Sections 504, 506, 509 IPC and Section 67 IT (Amendment) Act. The court held that since cognizable offences were disclosed, it cannot determine the truth of allegations at this stage.
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Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 12793 of 2021
Petitioner :- Kamlesh Gupta Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Kamlesh Kumar Singh,Chandra Kumar Singh Counsel for Respondent :- G.A.
Hon'ble Anjani Kumar Mishra,J. Hon'ble Deepak Verma,J.
Heard learned counsel for the petitioner and learned AGA for the State.
This writ petition seeks quashing of the First Information Report dated 14.07.2021 giving rise the Case Crime No. 275 of 2021, under Sections 504, 506, 509 IPC and Section 67 of the Information Technology (Amendment) Act, Police Station Gadha, District Gorakhpur.
Upon hearing counsel for the petitioner and upon a perusal of the First Information Report which the petitioner claims to have been filed totally on false allegation, we are of the view that since cognizable offence is disclosed in the FIR and since there is no way, this Court can determine as to whether the allegation in the FIR are correct or incorrect as is alleged, no interference is called for. The allegations require investigation.
Accordingly and for the reasons given above, the writ petition fails and is dismissed.
Order Date :- 25.1.2022 Priyanka
1 issue framed by the court
Whether the High Court can quash an FIR where cognizable offences are disclosed and allegations require investigation.
Kamlesh Gupta
State Of U.P.
2 Others
Anjani Kumar Mishra
Deepak Verma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
