The Allahabad High Court dismissed a criminal miscellaneous writ petition seeking quashing of an FIR. The court held that the FIR prima facie discloses a cognizable offence, citing Supreme Court precedents, and found no case made out for interference.
The prayer for quashing of the FIR 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. - 2
Case :- CRIMINAL MISC. WRIT PETITION No. - 6958 of 2022
Petitioner :- Shubham Kumar And 4 Other Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Suresh Pratap Singh,Kunwar Abhishek Singh Counsel for Respondent :- G.A.,Akhilesh Kumar Mishra,Ashok Kumar Mishra
Hon'ble Suneet Kumar,J. Hon'ble Syed Waiz Mian,J.
Heard learned counsel for the petitioners and learned A.G.A for the State respondents.
The relief sought in this petition is for quashing of the F.I.R. dated 12.05.2022 registered as Case Crime No.0191 of 2022, under Section 147, 148, 452, 354(Kha), 323, 324, 307, 504, 506 I.P.C., Police Station-Noorpur, District-Bijnor.
Learned AGA opposed the prayer for quashing of the FIR, which discloses cognizable offence.
Perusal of the impugned first information report prima facie reveals commission of cognizable offence. Therefore, in view of the law laid down by Hon'ble Supreme Court in the case of State of Haryana and others vs. Bhajan Lal and others, 1992 Supp. (1) SCC 335 and M/s Neeharika Infrastructure Pvt. Ltd. vs. State of Maharashtra, AIR 2021 SC 1918 and in Special Leave to Appeal (Crl.) No.3262/2021 (Leelavati Devi @ Leelawati & another vs. the State of Uttar Pradesh) decided on 07.10.2021, no case has been made out for interference with the impugned first information report.
Therefore, the writ petition is dismissed leaving it open for the petitioners to apply before the competent court for anticipatory bail/bail as permissible under law and in accordance with law.
Order Date :- 1.7.2022 Shivangi
Digitally signed by SHIVANGI YADAV Date: 2022.07.04 16:15:36 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether the High Court is justified in dismissing the petition for quashing of the FIR on prima facie grounds.
Whether the FIR discloses commission of a cognizable offence warranting no interference.
Colour shows how this judgement treated each authority
State of Haryana and others vs. Bhajan Lal and othersReferred¶8
State of Haryana and others vs. Bhajan Lal and others, 1992 Supp. (1) SCC 335 · Who else cites this
M/s Neeharika Infrastructure Pvt. Ltd. vs. State of MaharashtraReferred¶8
M/s Neeharika Infrastructure Pvt. Ltd. vs. State of Maharashtra, AIR 2021 SC 1918 · Who else cites this
Leelavati Devi @ Leelawati & another vs. the State of Uttar PradeshReferred¶8
Special Leave to Appeal (Crl.) No.3262/2021 (Leelavati Devi @ Leelawati & another vs. the State of Uttar Pradesh)
Shubham Kumar And 4 Other
State Of U.P. And 2 Others
Suneet Kumar
Syed Waiz Mian
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
