In this criminal miscellaneous writ petition, the petitioner sought to quash an FIR alleging false implication as a practicing lawyer. The High Court dismissed the petition, finding it devoid of merit, and directed the petitioner to seek anticipatory bail separately.
Writ petition dismissed; petitioner left open to apply for anticipatory bail.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 48 Case :- CRIMINAL MISC. WRIT PETITION No. - 17262 of 2022
Petitioner :- Akbar (Akram) Respondent :- State Of U P And 2 Others Counsel for Petitioner :- Ansar Ahmad Counsel for Respondent :- G.A.
Hon'ble Suneet Kumar,J. Hon'ble Syed Waiz Mian,J.
Shri Abhijeet Mukherjee, Advocate has put his appearance on behalf of the State Law Officer.
Heard learned counsel for the parties.
By the instant writ petition, the petitioner seeks the following relief:
"(i) Issue a writ, order or direction in the nature of certiorari quashing the impugned first information report dated 11.06.2022 lodged at Case Crime No.118 of 2022, under Sections 143, 144, 145, 147, 148, 149, 153-A, 153B, 295-A, 201, 511, 307, 332, 333, 353, 395, 435, 436, 427, 504, 505(2), 506, 120B I.P.C. and Section 4/5 Explosive Substance Act and Section 7 Criminal Law Amendment Act and Section 83 Juvenile Justice Act and Section 3/4 Prevention of Damage to Public Property Act, Police Station Khuldabad, District Prayagraj (As contained in Annexure No.1 to the writ petition)."
The petitioner claims to be a practicing lawyer of this Court; on the date of incident, it is alleged that the petitioner was not present on the spot and having regard to the identity of the petitioner, petitioner is being falsely implicated; Akram s/o Aslam Viru is nominated in the F.I.R..
During investigation, learned A.G.A. on instructions submits that as per the evidence, the petitioner, who is present before this Court, is an accused person.
Be that as it may, this Court would not enter into the disputed question of facts pertaining to identity of the petitioner which falls in the domain of Investigating Officer.
We do not find merit in the petition.
Accordingly, the writ petition being devoid of merit and is dismissed leaving it open for the petitioner to apply before the competent court for anticipatory bail/bail as permissible under law and in accordance with law.
Order Date :- 2.12.2022/Shivangi
Digitally signed by SHIVANGI YADAV Date: 2022.12.05 11:47:36 IST Reason: Location: High Court of Judicature at Allahabad
3 issues framed by the court
Whether the High Court should grant relief quashing the impugned first information report (F.I.R).
Whether the petition has sufficient merit to warrant being allowed.
Whether the petitioner should be cross-questioned or remanded to court with anticipatory bail.
Akbar (Akram)
State Of U P
2 Others
Suneet Kumar
Syed Waiz Mian
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
