The Court rejected the petition to quash an FIR under Article 226, finding that a cognizable offence was made out. The petitioner was directed to move for anticipatory bail within ten days.
Prayer for quashing the FIR declined. Anticipatory bail application to be moved within 10 days.
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Neutral Citation No. - 2023:AHC:136056-DB
Court No. - 67
Case :- CRIMINAL MISC. WRIT PETITION No. - 10216 of 2023
Petitioner :- Sheesh Pal Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Anup Swaroop Srivastava Counsel for Respondent :- G.A.
Hon'ble Rahul Chaturvedi,J. Hon'ble Mohd. Azhar Husain Idrisi,J.
Heard learned counsel for the petitioner, learned A.G.A. appearing for the State-respondents and perused the record.
The petitioner, by means of this writ petition under Article 226 of the Constitution of India, has invoked the inherent jurisdiction of this Court with prayer to quash the impugned First Information Report dated 02.06.2023 registered as Case Crime No. 268 of 2023, under Sections 354, 354(kha), 323, 504, 506 I.P.C., Police Station Behat, District Saharanpur.
Upon hearing learned counsel for the parties and upon a perusal of the record, we are of the considered opinion that the cognizable offence is made out against the petitioner and there is no occasion or reason to quash the FIR in exercise of power conferred under Article 226 of the Constitution of India.
Accordingly, the prayer for quashing the FIR is declined and refused.
However, it is open for the petitioner, if so advised, he shall move proper anticipatory bail application before the appropriate forum, within ten days from today which shall be decided in accordance with law.
It is also made clear that the Court is not expressing any opinion on the merits of the case. The court concerned is expected to apply its robust and judicial discretion in deciding the anticipatory bail application as early as possible.
With the above observation, the writ petition is disposed of.
Order Date :- 10.7.2023 Rmk.
Digitally signed by :- RAM MURTI KUSHWAHA High Court of Judicature at Allahabad
1 issue framed by the court
Whether the petition under Article 226 to quash the FIR is maintainable given the existence of a cognizable offence.
1 provisions across 1 enactments
Sheesh Pal
State Of U.P.
3 Others
Rahul Chaturvedi
Mohd. Azhar Husain Idrisi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
