The High Court dismissed the criminal miscellaneous writ petition seeking quashing of the FIR. The bench held that the allegations constituted a cognizable offence, thus the FIR could not be quashed.
The criminal miscellaneous writ petition seeking 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. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 764 of 2022
Petitioner :- Arunesh Kumar Nirmal Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Abrar Ahmad Siddiqui Counsel for Respondent :- G.A.
Hon'ble Anjani Kumar Mishra,J. Hon'ble Deepak Verma,J.
Heard learned counsel for the petitioner, learned counsel for the first informant and learned A.G.A. for the State.
The writ petition seeks quashing of the FIR dated 27.12.2020 giving rise to Case Crime No. 1306 of 2020, under Sections 379, 411 I.P.C., P.S. - Soraon, District - Prayagraj (Allahabad).
Upon hearing learned counsel for the parties and upon a perusal of the record, we find that the allegations contained therein constitute the ingredients of a cognizable offence. The FIR therefore cannot be quashed.
The writ petition is therefore dismissed.
Order Date :- 8.2.2022 Mayank
Digitally signed by MAYANK KUMAR SHARMA Date: 2022.02.08 14:40:09 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the allegations in the FIR constitute the ingredients of a cognizable offence warranting its quashing.
1 provisions across 1 enactments
Arunesh Kumar Nirmal
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
