A criminal miscellaneous writ petition seeking quashing of the First Information Report was dismissed. The court held that prima facie allegations of a cognizable offence were disclosed, precluding quashing under established Supreme Court precedents.
Prayer for quashing the First Information Report is declined.
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Court No. - 44
Case :- CRIMINAL MISC. WRIT PETITION No. - 3134 of 2022
Petitioner :- Shahvez Gous And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Amitesh Kumar Mishra Counsel for Respondent :- G.A
Hon'ble Ashwani Kumar Mishra,J. Hon'ble Rajnish Kumar,J.
The impugned First Information Report refers to an allegation by the officer concerned that while he directed for ensuring compliance of the orders passed by the Court, the accused petitioners interpolated his order and directed the ongoing work to stop till 28.01.2022.
Prima facie allegations with regard to commissioning of cognizable offence is clearly disclosed in the F.I.R. therefore prayer made to quash the F.I.R. can not be granted in view of the law laid down by Hon'ble Supreme Court in the case of State of Telangana Vs. Habib Abdullah Jellani, (2017) 2 SCC 779 and Neeharika Infrastructure Pvt. Ltd. vs. State of Maharashtra and Others, (2021) SCC Online SC 315 .
Prayer for quashing the F.I.R. is declined and the writ petition is, accordingly, dismissed .
Order Date :- 29.3.2022 Haseen U.
Digitally signed by HASEENUDDIN Date: 2022.03.29 16:54:34 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether the prayer for quashing the First Information Report can be granted given prima facie disclosure of a cognizable offence.
Whether the writ petition challenging the FIR must be dismissed.
Colour shows how this judgement treated each authority
State of Telangana Vs. Habib Abdullah Jellani, (2017) 2 SCC 779Applied¶6
Shahvez Gous
Another
State Of U.P.
Ashwani Kumar Mishra
Rajnish Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
