Petitioner sought quashing of an FIR disclosing cognizable offences. The High Court held no case for interference as per Supreme Court precedents.
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Court No. - 48
Case :- CRIMINAL MISC. WRIT PETITION No. - 19203 of 2022
Petitioner :- Akhilesh Kumar Shukla @ Lavkush Shukla Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Bala Nath Mishra,Ram Vishal Mishra,Sachin Mishra Counsel for Respondent :- G.A.
Hon'ble Suneet Kumar,J. Hon'ble Syed Waiz Mian,J.
Heard learned counsel for the petitioner and learned A.G.A for the State respondents.
The relief sought in this petition is for quashing of the F.I.R. dated 11.10.2022 registered as Case Crime No. 247 of 2022, under Sections 304, 308, 34 IPC, Police Station Khuladabad, District Prayagraj.
Learned AGA opposed the prayer for quashing of the FIR, which discloses cognizable offence.
Perusal of the impugned first information report prima facie reveals commission of cognizable offence. 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 impugned first information report.
Therefore, the writ petition 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 :- 19.12.2022 Shivangi
Digitally signed by :- SHIVANGI YADAV High Court of Judicature at Allahabad
1 issue framed by the court
Whether the F.I.R. discloses a cognizable offence warranting quashing under Article 226.
Colour shows how this judgement treated each authority
State of Haryana and Others vs. Bhajan Lal and OthersReferred¶8
State of Haryana and others vs. Bhajan Lal and others, 1992 Supp. (1) SCC 335 · Who else cites this
M/s Neeharika Infrastructure Pvt. Ltd. vs. State of MaharashtraReferred¶8
M/s Neeharika Infrastructure Pvt. Ltd. vs. State of Maharashtra, AIR 2021 SC 1918 · Who else cites this
Leelavati Devi @ Leelawati & another vs. the State of Uttar PradeshReferred¶8
Special Leave to Appeal (Crl.) No.3262/2021 (Leelavati Devi @ Leelawati & another vs. the State of Uttar Pradesh)
Akhilesh Kumar Shukla @ Lavkush Shukla
State Of U.P.
Suneet Kumar
Syed Waiz Mian
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
