The High Court dismissed a Criminal Miscellaneous Writ Petition seeking quashing of an FIR alleging cheating and forgery. The court found the FIR disclosed a cognizable offence and could not be quashed, dismissing the petition without affecting the right to seek bail.
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Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 686 of 2022
Petitioner :- Gautam Jee Rai Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Kushmondeya Shahi,Sanjai Kumar Rai
Counsel for Respondent :- G.A.,Shyam Krishna Gupta
Hon'ble Anjani Kumar Mishra,J. Hon'ble Deepak Verma,J.
Heard Sri Kushmondeya Shahi, learned counsel for the petitioner and learned A.G.A for the State respondents.
The relief sought in this petition is for quashing of the F.I.R. dated 26.10.2021 registered as Case Crime No.0221 of 2021, under Sections 419, 420, 467, 468, 471 I.P.C., Police Station Salempur, District Deoria.
Upon hearing learned counsel for the parties, we find that the first information report contains allegations which constitute cognizable offence against the petitioner. The first information report, therefore, cannot be quashed.
The writ petition is, accordingly, dismissed without prejudice to the right of the petitioner to apply for bail/anticipatory bail.
Order Date :- 14.2.2022 Nitin Verma
Digitally signed by NITIN KUMAR VERMA Date: 2022.02.14 17:26:11 IST Reason: Location: High Court of Judicature at Allahabad
1 provisions across 1 enactments
Gautam Jee Rai
State Of U.P.
Anjani Kumar Mishra
Deepak Verma
As recorded by the court registry
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