The High Court dismissed a writ petition seeking quashing of an FIR and protection from arrest. The bench rejected the petition, opining that no interference was required given the petitioner's criminal history of 21 cases.
The petition was dismissed; no interim order was granted.
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Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 5576 of 2021
Petitioner :- Nand Kishor
Respondent :- State Of U.P.Thru.Secy.Home Lucknow And Ors. Counsel for Petitioner :- Kailash Nath Mishra,Rahul Mishra Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Mrs. Saroj Yadav,J.
Heard Sri Kailash Nath Mishra, learned counsel for the petitioner and Shri Azhar Ikram, learned A.G.A. appearing for the State and perused the impugned F.I.R. as well as material brought on record.
This petition has been filed by the petitioner for issuance of a writ in the nature of certiorari for quashing of the F.I.R. dated 28.12.2020 registered as Case Crime No.896/2020, under Sections 419, 420, 467, 468, 117 I.P.C., Police Station Chinhat, District Lucknow with further prayer not to arrest the petitioner pursuant to the impugned F.I.R.
Learned counsel for the petitioner submitted that from perusal of the impugned F.I.R., no offence is disclosed against the petitioner and though his name is not reflected in the F.I.R. and he is said to have fled away from the incident, but his name came to light in the confessional statement of the co -accused who has been arrested on the spot, hence the impugned F.I.R. is liable to be quashed.
Learned A.G.A. opposed the prayer for quashing of the F.I.R. and submitted that the petitioner is a habitual offender and as per the afÏdavit filed by the Commissioner of Police, Lucknow, the petitioner has criminal history of 21 cases. The criminal history of the petitioner has also been annexed as Annexure CA-2 to the afÏdavit filed by the Commissioner of Police, Lucknow. It is further submitted that the chargesheet has been
submitted against co accused and the petitioner is not cooperating with the investigation of the case after passing of the interim order by this Court, hence the petition is liable to be dismissed.
After having examined the submissions advanced by learned counsel for the parties and perused the impugned FIR and the fact that the petitioner is a habitual offender having criminal history of 21 cases, we are of the opinion that no interference is required in the matter for quashing of the FIR.
Accordingly, the petition is dismissed.
Interim order granted earlier, if any, stands discharged.
(Mrs. Saroj Yadav,J) (Ramesh Sinha,J)
Order Date :- 12.12.2022
Shukla
Digitally signed by ASHUTOSH KUMAR SHUKLA Date: 2022.12.14 10:55:21 IST Reason: Location: High Court of Judicature at Allahabad, Lucknow Bench
1 issue framed by the court
Whether the High Court should interfere with the quashing of the FIR considering the petitioner is a habitual offender.
Nand Kishor
State Of U.P.
Ramesh Sinha
Saroj Yadav
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
