The Allahabad High Court dismissed a criminal miscellaneous writ petition seeking quashing of an FIR. The court held that since the petitioner is not named in the FIR, he lacks the necessary locus standi to challenge it.
The writ petition was dismissed without prejudice to the right to apply for bail.
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:147900-DB
Court No. - 43
Case :- CRIMINAL MISC. WRIT PETITION No. - 11480 of 2023
Petitioner :- Ayub And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Yashwant Singh Counsel for Respondent :- G.A.
Hon'ble Anjani Kumar Mishra,J. Hon'ble Vivek Kumar Singh,J.
Heard learned counsel for the petitioner and learned A.G.A. for the State and perused the record.
The instant petition seeks quashing of the impugned F.I.R. dated 02.01.2023 giving rise to Case Crime No. 0003 of 2023, under Sections 279, 337, 338, 304-A IPC, Police StationKotwali Chhibramau, District- Kannauj.
The contention of learned counsel for the petitioner is that he is not named in the first information report.
In our considered opinion, since, the petitioner is not named in the first information report, he has no locus to file this writ petition.
In case, his name has come to light during investigation, it is evidence which may have been collected during investigation that would not render the first information report liable to challenge.
The writ petition is therefore dismissed, without prejudice to the right of the petitioner to apply for bail/ anticipatory bail.
Order Date :- 25.7.2023 Mayank
Digitally signed by :- MAYANK KUMAR SHARMA High Court of Judicature at Allahabad
1 issue framed by the court
Whether a petitioner who is not named in the first information report has locus standi to file a writ petition for quashing it.
Ayub And Another
State Of U.P.
Anjani Kumar Mishra
Vivek Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
