In a criminal miscellaneous writ petition, the Allahabad High Court declined to quash the FIR due to a prima facie allegation of a cognizable offence but directed authorities to conclude fair investigation expeditiously.
Direction to proceed with fair investigation; prayer for quashing of FIR rejected.
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Court No. - 44
Case :- CRIMINAL MISC. WRIT PETITION No. - 3706 of 2022
Petitioner :- Satyaveer And 3 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Mahabir Yadav Counsel for Respondent :- G.A.
Hon'ble Ashwani Kumar Mishra,J. Hon'ble Rajnish Kumar,J.
Affidavit filed by the Senior Superintendent of Police, Mathura is taken on record.
In view of statement made before us, we direct the respondent-authorities that the fair investigation is concluded expeditiously in accordance with law.
Since we find that prima facie commissioning of cognizable offence is alleged, we decline the prayer made to quash the F.I.R. However, it would be open for the petitioners to seek appropriate remedy under the Code of Criminal Procedure.
Writ petition is, accordingly, dismissed.
Order Date :- 22.4.2022 Banswar
Digitally signed by RAM NARESH BANSWAR Date: 2022.04.22 17:24:29 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether to quash the First Information Report (F.I.R.) in light of the prima facie allegation of a cognizable offence.
1 provisions across 1 enactments
Satyaveer 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
