The writ petition seeking quashment of an FIR for commission of cognizable offences was dismissed. The court held that the allegations disclosed offence and defence submissions are irrelevant in such proceedings.
PRAYER to quash the First Information Report rejected; petition dismissed.
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Neutral Citation No. - 2023:AHC:168844-DB
Court No. - 43
Case :- CRIMINAL MISC. WRIT PETITION No. - 12480 of 2023
Petitioner :- Ravindra Nath Singh And 4 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Shiv Shankar Shukla,Vibhuti Narayan Tripathi Counsel for Respondent :- G.A.
Hon'ble Anjani Kumar Mishra,J. Hon'ble Umesh Chandra Sharma,J.
Heard learned counsel for the petitioners, learned counsel for the first informant and learned AGA for the State.
The instant writ petition seeks quashing of the FIR dated 10.07.2023 giving rise to Case Crime No.0187 of 2023, under Sections 147, 323, 504, 506, 341, 427 IPC, Police Station Jalalpur, District Jaunpur.
Learned AGA has produced injury report which shows that there is injury on the head of the injured.
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 their 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 :- 21.8.2023 Shahroz
Digitally signed by :- SHAHROJ ALAM High Court of Judicature at Allahabad
1 issue framed by the court
Whether the First Information Report ought to be quashed under Section 482 CrPC.
Ravindra Nath Singh
State Of U.P.
Anjani Kumar Mishra
Umesh Chandra Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
