Arun Kumar and 8 Others Vs State of U.P. and 3 Others

Neutral Citation No. - 2023:AHC:151926-DB

Court No. - 67

Case :- CRIMINAL MISC. WRIT PETITION No. - 11755 of 2023

Petitioner :- Arun Kumar And 8 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Chandra Prakash Garg Counsel for Respondent :- G.A.

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Hon'ble Rahul Chaturvedi,J. Hon'ble Mohd. Azhar Husain Idrisi,J .

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Heard Sri Chandra Prakash Garg, learned counsel for the petitioners, learned A.G.A. appearing for the State-respondents and perused the record.

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The petitioners, 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 21.06.2023 registered as Case Crime No. 0078 of 2023, under Sections 395, 341, 120-B IPC, P.S. Jaspura, District Banda.

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I have perused the order impugned and seen the injury report and learned counsel for the petitioners submits that these injury are as a result of an unknown accident and has given to the colour of dacoity by the informant. All these things has to be investigated by the concerned Investigating Officer and there is no occasion or reason to quash the FIR in exercise of power conferred under Article 226 of the Constitution of India.

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Accordingly, the prayer for quashing the FIR is declined and refused.

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However, it is open for the petitioners, if so advised, they shall move proper anticipatory bail application before the appropriate forum, within ten days from today.

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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.

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With the above observation, the writ petition is disposed of.

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O rder Date :- 28.7.2023/Vibha

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Digitally signed by :- VIBHA SINGH High Court of Judicature at Allahabad

Arun Kumar and 8 Others v. State of U.P. and 3 Others

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Arun Kumar and 8 Others v. State of U.P. and 3 Others

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