This High Court dismissed a criminal miscellaneous writ petition seeking quashing of an FIR. The bench held that the allegations in the FIR constituted a cognizable offence, preventing its quashability. The petition was dismissed while leaving the petitioners' right to apply for bail.
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Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 1531 of 2022
Petitioner :- Aarti And 3 Others Respondent :- State Of U P And 2 Others Counsel for Petitioner :- Sushil Kumar Dubey Counsel for Respondent :- G.A.,Yogendra Kumar Srivastava
Hon'ble Anjani Kumar Mishra,J. Hon'ble Deepak Verma,J.
Heard Sri Sushil Kumar Dubey, learned counsel for the petitioners and learned A.G.A for the State respondents.
The relief sought in this petition is for quashing of the F.I.R. dated 17.01.2022 registered as Case Crime No.0027 of 2022, under Sections 323, 504, 506, 384 I.P.C., Police Station Bharthana, District Etawah.
Upon hearing learned counsel for the parties, we find that the first information report contains allegations which constitute cognizable offence against the petitioners. The first information report, therefore, cannot be quashed.
The writ petition is, accordingly, dismissed without prejudice to the right of the petitioners to apply for bail/anticipatory bail.
Order Date :- 24.2.2022 Nitin Verma
Digitally signed by NITIN KUMAR VERMA Date: 2022.02.24 17:03:39 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether the FIR registered under Sections 323, 504, 506, 384 IPC against the petitioners can be quashed as it constitutes a cognizable offence.
Whether the relief sought in the criminal miscellaneous writ petition should be granted or dismissed.
Aarti And 3 Others
State Of U P And 2 Others
Anjani Kumar Mishra
Deepak Verma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
