The Writ Bench dismissed a Criminal Miscellaneous Writ Petition seeking quashing of an FIR alleging offences under Sections 420, 467, 468, and 471 IPC, holding that the allegations disclosed cognizable offences and defence submissions could not be considered.
The writ petition seeking quashing of the First Information Report is dismissed.
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Neutral Citation No. - 2023:AHC:171562-DB
Court No. - 43
Case :- CRIMINAL MISC. WRIT PETITION No. - 13482 of 2023
Petitioner :- Rinki And 2 Others Respondent :- State Of U P And 2 Others Counsel for Petitioner :- Sunil Kumar Singh Counsel for Respondent :- G.A.,Devesh Kumar Shukla,Dharmesh Kumar Shukla,Gaurang Kulshreshtha,Prem Sagar Verma
Hon'ble Anjani Kumar Mishra,J. Hon'ble Vivek Kumar Singh,J.
Heard learned counsel for the petitioners and learned A.G.A. for the State.
The instant writ petition seeks quashing of the FIR dated 28.06.2023 giving rise to Case Crime No. 0481 of 2023, under Sections 420, 467, 468, 471 I.P.C., Police Station- Shikohabad, District- Firozabad.
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 :- 25.8.2023 Aditya
Digitally signed by :- ADITYA KUSHWAHA High Court of Judicature at Allahabad
2 issues framed by the court
Whether the FIR alleging cheating and forgery should be quashed.
Whether the allegations in the FIR disclose commission of cognizable offences.
Rinki And 2 Others
State Of U P And 2 Others
Anjani Kumar Mishra
Vivek Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
