This court dismissed the writ petition seeking quashing of an FIR under Sections 325, 504, and 506 IPC. The court held that the FIR disclosures serious allegations of cognizable offences and rejected the prayer while noting the petitioner retains rights to seek bail.
None; prayer to quash the FIR was rejected.
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Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 5591 of 2022
Petitioner :- Munnu Alias Rajesh And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Harish Kumar Yadav Counsel for Respondent :- G.A.
Hon'ble Anjani Kumar Mishra,J. Hon'ble Deepak Verma,J.
Heard learned counsel for the petitioners; learned A.G.A. for the State and perused the record.
The instant petition seeks quashing of the impugned F.I.R. dated 05.04.2022, registered as Case Crime No. 0071 of 2022, under Sections 325, 504, 506 I.P.C., P.S. Shankargarh, District Allahabad/Prayagraj.
Learned A.G.A. has perused the injury report which shows fracture in the arm of the first informant.
Upon hearing learned counsel for the parties and upon perusal of the impugned F.I.R., we find that submissions made on behalf of the petitioner are his defence, which cannot be looked into while dealing with a writ petition seeking quashing of the first information report.
Moreover, the allegations made in the first information report clearly disclose commission of cognizable offences and the allegations are serious in nature. Therefore, prayer of the petitioner to quash the first information report, is completely misconceived and is rejected.
Under the circumstances, the writ petition is dismissed , however, without prejudice to the rights of the petitioners to apply for bail/anticipatory bail.
Order Date :- 27.5.2022 Meenu
Digitally signed by MEENU SINGH Date: 2022.05.30 10:53:39 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the allegations in the FIR under Sections 325, 504, 506 IPC disclose a cognizable offence warranting quashing.
1 provisions across 1 enactments
Munnu Alias Rajesh And 2 Others
State Of U.P. And 2 Others
Anjani Kumar Mishra
Deepak Verma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
