Petitioner sought quashing of an FIR alleging serious cognizable offenses. The High Court rejected the prayer.
Quashing of FIR under Sections 420, 354, 511, 323, 504 IPC rejected.
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Neutral Citation No. - 2023:AHC:149724-DB
Court No. - 43
Case :- CRIMINAL MISC. WRIT PETITION No. - 11607 of 2023
Petitioner :- Himanshu Raj Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Anurag Dwivedi Counsel for Respondent :- G.A.,Vishal Jaiswal
Hon'ble Anjani Kumar Mishra,J. Hon'ble Vivek Kumar Singh,J.
Heard learned counsel for the petitioner, learned counsel for the first informant and learned A.G.A. for the State.
The instant writ petition seeks quashing of the FIR dated 27.5.2023 giving rise to Case Crime No.0205 of 2023, under Sections 420, 354, 511, 323, 504 I.P.C., Police StationKalyanpur, District- Kanpur Nagar.
Upon hearing learned counsel for the parties and upon a perusal of the record, we find that the submissions made on behalf of the petitioner 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 petitioner 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 :- 26.7.2023 Dev/-
Digitally signed by :- DEV PRAKASH High Court of Judicature at Allahabad
1 issue framed by the court
Whether the writ petition seeking quashing of the FIR under Sections 420, 354, 511, 323, 504 IPC can be allowed.
Himanshu Raj
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
