High Court at Allahabad dismissed a writ petition seeking quashing of an FIR. The Court declined the prayer as the victim's statement under Section 164 Cr.P.C. supported the prosecution version and prima facie allegations were disclosed.
The prayer made to quash the F.I.R. is declined and the writ petition is dismissed.
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. - 44
Case :- CRIMINAL MISC. WRIT PETITION No. - 2856 of 2022
Petitioner :- Satish And 3 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Madan Kumar Tiwari Counsel for Respondent :- G.A.
Hon'ble Ashwani Kumar Mishra,J. Hon'ble Rajnish Kumar,J.
Counter affidavit has been filed annexing the statement of victim under Section 164 Cr.P.C.
None appears for the petitioners when the matter is taken up in the revised list. Even otherwise we are informed by learned A.G.A. that statement of victim has been recorded under Section 164 Cr.P.C. which has supported the prosecution version. Since, prima facie, allegations are otherwise disclosed in the First Information Report with regard to commissioning of cognizable offence as such prayer made to quash the F.I.R. is declined.
The writ petition is, accordingly, dismissed .
Order Date :- 7.4.2022 Haseen U.
Digitally signed by HASEENUDDIN Date: 2022.04.07 17:35:50 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the First Information Report should be quashed in light of the victim's statement recorded under Section 164 Cr.P.C.
1 provisions across 1 enactments
Satish And 3 Others
State Of U.P. And 3 Others
Ashwani Kumar Mishra
Rajnish Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
