In a criminal miscellaneous writ petition seeking quashing of an FIR alleging cheating and forgery, the Allahabad High Court held that internal defenses cannot be raised and serious allegations disclosing cognizable offenses justify proceeding, dismissing the petition.
Prayer to quash the FIR is rejected; writ petition 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.
Neutral Citation No. - 2023:AHC:111993-DB
Court No. - 46
Case :- CRIMINAL MISC. WRIT PETITION No. - 107 of 2023
Petitioner :- Hausila Yadav And Another Respondent :- State Of U.P.And 3 Others Counsel for Petitioner :- Atul Singh,Satendra Kumar Counsel for Respondent :- G.A.,Kumar Ankit Srivastava
Hon'ble Anjani Kumar Mishra,J. Hon'ble Ms. Nand Prabha Shukla,J.
Heard learned counsel for the petitioners and learned A.G.A. for the State.
The instant writ petition seeks quashing of the FIR dated 04.09.2022 giving rise to Case Crime No. 262 of 2022, under Sections 420, 467, 468, 471 IPC, 1860, Police Station- Pawai, District- Azamgarh.
Upon hearing learned counsel for the parties and upon a perusal of the record, we find that the submissions made on behalf of the petitioners are his defence, which cannot be looked into while dealing with a writ petition seeking quashing of a first information report.
Moreover, the allegations made in the First Information Report clearly disclose commission of cognizable offences and the allegations are serious in nature. Therefore, prayer of the petitioners to quash the First Information Report is completely misconceived and is rejected.
The writ petition is, therefore, dismissed , without prejudice to the right of the petitioners to apply for bail/anticipatory bail.
Order Date :- 22.5.2023 Shivani
Digitally signed by :- SHIVANI SRIVASTAVA High Court of Judicature at Allahabad
1 issue framed by the court
Whether the allegations in the FIR disclose commission of cognizable offences precluding quashing under Section 482 CrPC?
1 provisions across 1 enactments
Hausila Yadav
State Of U.P.
Anjani Kumar Mishra
Nand Prabha Shukla
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
