The High Court rejected the petition seeking quashing of an FIR under IPC Sections 420 and 406. Finding the FIR contained ingredients of a cognizable offence, the court dismissed the petition without prejudice to the petitioners' right to apply for bail.
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Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 995 of 2022
Petitioner :- Kamlesh Rajauria And Another Respondent :- State Of U P And 3 Others Counsel for Petitioner :- Himanshu Upadhyay,A.G.Karunakar Counsel for Respondent :- G.A.
Hon'ble Anjani Kumar Mishra,J. Hon'ble Deepak Verma,J.
Heard learned counsel for the petitioners, learned A.G.A. for the State and perused the record.
The instant petition seeks quashing of the impugned F.I.R. dated 17.07.2019, registered as Case Crime No. 0791 of 2019, under Sections 420 & 406 I.P.C., P.S. Kotwali Orai, District Jalaun.
Upon hearing learned counsel for the parties and upon perusal of the impugned F.I.R., we find that it contains the ingredients of cognizable offence. The First Information Report cannot be quashed.
Under the circumstances, the writ petition is dismissed , however, without prejudice to the rights of the petitioners to apply for bail.
Order Date :- 11.2.2022 Meenu
Digitally signed by MEENU SINGH Date: 2022.02.11 14:59:43 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the First Information Report containing ingredients of a cognizable offence can be quashed.
1 provisions across 1 enactments
Kamlesh Rajauria
Another
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
