The High Court dismissed a criminal miscellaneous writ petition seeking quashing of an FIR under Section 366 IPC. Finding the allegations contained ingredients of a cognizable offence, the court held the FIR could not be quashed and dismissed the petition.
Quashing of the First Information Report dated 17.10.2021 was dismissed.
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. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 690 of 2022
Petitioner :- Smt. Pooja And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Chandra Bhan Kushwaha Counsel for Respondent :- G.A.
Hon'ble Anjani Kumar Mishra,J. Hon'ble Deepak Verma,J.
Heard learned counsel for the petitioner and learned AGA for the State.
This writ petition seeks quashing of the First Information Report dated 17.10.2021 giving rise the Case Crime No. 766 of 2020, under Sections 366 IPC, Police Station Kashganj, District Kashganj.
Upon hearing counsel for the petitioner and learned AGA, we find that the allegations in the FIR contain the ingredients of a cognizable offence.
Under the circumstances, the impugned FIR cannot be quashed. This writ petition is dismissed.
Order Date :- 4.2.2022
Priyanka
3 issues framed by the court
Whether the First Information Report under Sections 366 IPC can be quashed under criminal miscellaneous writ petition.
Whether the allegations in the FIR contain the ingredients of a cognizable offence.
Whether the writ petition seeking quashing of the FIR should be allowed or dismissed.
1 provisions across 1 enactments
Smt. Pooja And Another
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
