Petitioner filed a writ petition seeking quashing of an FIR stating he was not named in it. The court held he lacked locus standi and dismissed the petition without prejudice to his bail rights.
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Neutral Citation No. - 2023:AHC:171564-DB
Court No. - 43
Case :- CRIMINAL MISC. WRIT PETITION No. - 13485 of 2023
Petitioner :- Vinod Chandra Shukla Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ashwani Kumar Pathak 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 24.01.2023 giving rise to Case Crime No. 010 of 2023, under Sections 419, 420, 467, 468, 471, 120-B IPC, Police Station Suriyawan, District Bhadohi.
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 :- 25.8.2023 Aditya
Digitally signed by :- ADITYA KUSHWAHA High Court of Judicature at Allahabad
2 issues framed by the court
Whether a person not named in the FIR has locus standi to file for quashing of the FIR under Article 226.
Whether name appearing in the course of investigation renders the FIR challengeable by the complainant.
Vinod Chandra Shukla
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
