Ramnaresh and 5 Others Vs State of U.P. and 3 Others

Neutral Citation No. - 2023:AHC:147934-DB

Court No. - 43

Case :- CRIMINAL MISC. WRIT PETITION No. - 11446 of 2023

Petitioner :- Ramnaresh And 5 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Suhel Akhtar,Sarfaraj Ahamad Siddiquei Counsel for Respondent :- G.A.,Manoj Kumar,Rakesh Pathak

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Hon'ble Anjani Kumar Mishra,J. Hon'ble Vivek Kumar Singh,J.

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Heard learned counsel for the petitioners, learned counsel for the first informant and learned A.G.A. for the State.

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The instant writ petition seeks quashing of the FIR dated 22.05.2023 giving rise to Case Crime No.0240 of 2023, under Sections 147, 148, 149, 323, 504, 506, 452, 354(kha), 394, 307, 308 I.P.C., Police Station- Mauaima, District- Ganganagar (Commissionerate Prayagraj).

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It is not in dispute that the petitioner nos. 1 and 5 have already been arrested. Petition on behalf of petitioner nos. 1 and 5 has been rendered infructuous.

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The contention of learned counsel for the petitioners is that the first information report is fabricated and concocted.

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Learned counsel for the first informant has produced before the Court injury reports of 5 persons. Four of them were found to have lacerated wounds on their heads.

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Under the circumstances, the allegations made in the First Information Report clearly disclose commission of cognizable offences and the allegations are serious in nature. Therefore, First Information Report cannot be quashed. Moreover, the injury reports corroborate the allegations in the FIR.

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The writ petition is therefore dismissed, without prejudice to the right of the petitioners to apply for bail/anticipatory bail.

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Order Date :- 25.7.2023 Aditya Tripathi

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Digitally signed by :- ADITYA TRIPATHI High Court of Judicature at Allahabad

Ramnaresh and 5 Others v. State of U.P. and 3 Others

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Ramnaresh and 5 Others v. State of U.P. and 3 Others

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