The High Court dismissed a criminal miscellaneous writ petition seeking quashing of an FIR. The court found the FIR contained ingredients of a cognizable offence and refused quashing, dismissing the petition but leaving rights for bail unaffected.
Petition dismissed; FIR cannot be quashed; rights to apply for bail remain unaffected.
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Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 1655 of 2022
Petitioner :- Vimal Dhar Dubey Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Rakesh Pathak Counsel for Respondent :- G.A
Hon'ble Anjani Kumar Mishra,J. Hon'ble Deepak Verma,J.
Heard learned counsel for the petitioner; Sri Ratnendu Kumar Singh, learned A.G.A. for the State; Sri Abhishek Kumar Yadav, learned counsel for the first informant and perused the record.
The instant petition seeks quashing of the impugned F.I.R. dated 13.09.2021, registered as Case Crime No. 0194 of 2021, under Sections 147, 149, 452, 323, 504, 506, 307, 511, 392, 120-B I.P.C., P.S. Jaitpura, District Varuna (Commissionerate Varanasi).
Upon hearing learned counsel for the parties and upon perusal of the impugned F.I.R., we find that it contains the ingredients of cognizable offence. The First Information Report cannot be quashed.
Under the circumstances, the writ petition is dismissed, however, without prejudice to the rights of the petitioner to apply for bail/anticipatory bail.
Order Date :- 24.2.2022 Meenu
Digitally signed by MEENU SINGH Date: 2022.02.25 10:26:07 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether the impugned FIR containing ingredients of cognizable offence can be quashed.
How to proceed with a writ petition dismissed without prejudice to bail rights.
1 provisions across 1 enactments
Vimal Dhar Dubey
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
