In an FIR quashing petition, the High Court dismissed the plea because prima facie allegations of cognizable offences, including severe assault causing injury and unconsciousness, were clearly disclosed.
None. The writ petition for quashing the FIR was dismissed.
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Court No. - 44
Case :- CRIMINAL MISC. WRIT PETITION No. - 4707 of 2022
Petitioner :- Indramani And 3 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Harendra Prasad Yadav Counsel for Respondent :- G.A.
Hon'ble Ashwani Kumar Mishra,J. Hon'ble Rajnish Kumar,J.
Prima facie allegations with regard to the commissioning of cognizable offences are clearly disclosed inasmuch as it is alleged in the F.I.R. that father of the informant has been attacked with iron rod and bricks and he fell unconscious. Various injuries are said to have been caused to the father of the informant. In such circumstances prayer made to quash the F.I.R. can not be entertained and the writ petition is, accordingly, dismissed .
Dismissal of this writ petition will not preclude the petitioner from seeking appropriate protection under the Code of Criminal Procedure, which shall be dealt with on its own merits and in accordance with law.
Order Date :- 28.4.2022 Haseen U.
Digitally signed by HASEENUDDIN Date: 2022.04.28 15:47:14 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether the writ petition for quashing the FIR can be entertained given prima facie allegations of cognizable offences involving severe assault.
Whether the dismissal of the writ petition precludes the petitioner from seeking other protections such as bail.
Indramani 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
