The Hon'ble Court dismissed a Criminal Miscellaneous Writ Petition seeking quashing of an FIR. The Court held that the allegations in the FIR constituted the ingredients of a cognizable offence and ordered dismissal without prejudice to bail rights.
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Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 765 of 2022
Petitioner :- Najim Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Irfan Chaudhary,Irfan Chaudhary 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 27.12.2021 giving rise to Case Crime No. 683 of 2021, under Sections 328, 386, 388, 504 and 506 I.P.C., P.S. - Kairana, District - Shamli.
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 without prejudice to the rights of the petitioner to apply for bail.
Order Date :- 8.2.2022 Mayank
Digitally signed by MAYANK KUMAR SHARMA Date: 2022.02.08 14:42:02 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the FIR dated 27.12.2021 under Sections 328, 386, 388, 504 and 506 IPC should be quashed.
Najim
State Of U.P.
Anjani Kumar Mishra
Deepak Verma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
