Dismissed

Chandra Prakash Yadav and Another v. State of U.P. and 3 Others

Allahabad HC9 Dec 2022CRLP/18978/2022

Case brief

AI extract

What is this about?

The Allahabad High Court dismissed a criminal miscellaneous writ petition seeking quashing of an FIR alleging offences under Sections 420, 467, 468, and 471 IPC. Relying on Supreme Court precedents, the court held that no case was made out for interference, as the correctness of allegations requires investigation.

What did the court decide?

The writ petition for quashing of FIR and non-arrest was dismissed; petitioners left to apply for anticipatory bail before the competent court.

Chandra Prakash Yadav and Another Vs State of U.P. and 3… — Quashing and FIR | Allahabad HC (2022)

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Court No. - 47

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Case :- CRIMINAL MISC. WRIT PETITION No. - 18978 of 2022 Petitioner :- Chandra Prakash Yadav And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ajay Kumar Rai,Pratima Srivastava Counsel for Respondent :- G.A.

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Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Narendra Kumar Johari,J.

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Heard learned counsel for the petitioners and Shri A.N. Mullah, learned A.G.A, for the State respondents.

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The relief sought in this petition is for quashing of the impugned FIR dated 21.10.2022 registered as Case Crime No.0446 of 2022 under Sections 420, 467, 468, 471 IPC, Police Station Nizamabad, District Azamgarh. Further prayer has been made not to arrest the petitioners in the aforesaid case.

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Learned counsel for the petitioners submits that the impugned FIR has been lodged on false/vexatious/mischievous allegations, and no offences are made out against the petitioners.

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Shri G.P. Singh, learned AGA has opposed the prayer for quashing of the FIR, which discloses cognizable offence. He has further submitted that truthfulness of allegations and establishment of guilt take place, when the investigation is done or trial proceeds. Probability, reliability or genuineness cannot be looked under Art.226 of the Constitution. The FIR can only be quashed in a writ jurisdiction, if the FIR does not discloses commission of offence and that too prior to framing of charges. As such it is submitted that no interfere is required in the matter.

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The correctness of the allegations would have to be tested on the basis of the materials collected during the course of investigation as by insertion of notification No.1058/79-V1-19-1 (Ka)-20-2018 dated 6th June 2019 and therefore, in view of the law laid down by Hon’ble Supreme Court in the case of State of Haryana and others vs. Bhajan Lal and others , 1992 Supp. (1) SCC 335 and M/s Neeharika Infrastructure Pvt. Ltd. vs. State of Maharashtra , AIR 2021 SC 1918 and in Special Leave to Appeal (Crl.) No.3262/2021 (Leelavati Devi @ Leelawati & another vs. the State of Uttar Pradesh ) decided on 07.10.2021 , no case has been made out for interference with the

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impugned first information report.

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Therefore, the writ petition is dismissed leaving it open for the petitioners to apply before the competent court for anticipatory bail/bail as permissible under law and in accordance with law.

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It is made clear that we have not adjudicated the contentions raised by learned counsel for the petitioners and the same are left open for the petitioners to raise at an appropriate stage in an appropriate proceeding, in accordance with law.

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Order Date :- 9.12.2022 RKP

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Digitally signed by RAKESH KUMAR PATEL Date: 2022.12.09 16:11:42 IST Reason: Location: High Court of Judicature at Allahabad

Chandra Prakash Yadav and Another v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Chandra Prakash Yadav and Another v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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