Court dismissed a writ petition seeking to quash an FIR registered under IPC and SC/ST Act. The court held that prima facie allegations of cognizable offence and injuries disclosed in the FIR required the prayer to be declined and the petition dismissed.
The prayer to quash the first information report was declined.
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. - 4371 of 2022
Petitioner :- Sageer @ Guddu And 3 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Satyendra Kumar Singh Counsel for Respondent :- G.A.
Hon'ble Ashwani Kumar Mishra,J. Hon'ble Rajnish Kumar,J.
This writ petition has been filed with the prayer to quash the First Information Report in Case Crime No.0081 of 2022, under Sections 323, 504, 506 I.P.C. and 3(1) (Da), 3(1) (Dha) of SC/ST Act, Police Station - Lohta, District - Varanasi,
Prima-facie allegation with regard to commissioning of cognizable offence is disclosed in the first information report which also refers to causing of various injuries to the informant's side. Whether, the allegations are correct or not need not be examined by us, at this stage. Prayer made to quash the first information report is, therefore, declined.
Writ petition is, accordingly, dismissed.
Order Date :- 22.4.2022 n.u.
Digitally signed by NASEEM UDDIN Date: 2022.04.22 16:44:36 IST Reason: Location: High Court of Judicature at Allahabad
3 issues framed by the court
Whether the first information report disclosing allegations of cognizable offence under IPC and SC/ST Act should be quashed.
Whether prima facie allegations causing injuries justify declining the quashing of the FIR.
Whether the prayer to quash the FIR must be examined on merits at this stage.
2 provisions across 2 enactments
Sageer @ Guddu And 3 Others
State Of U.P. And 2 Others
Ashwani Kumar Mishra
Rajnish Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
