Single Judge Bench dismissed a quashing petition against an FIR. The Court found that prima facie a cognizable offence was made out and prionciples of Supreme Court precedents warranted no interference.
No case for interference with the impugned First Information Report found.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Neutral Citation No. - 2023:AHC:194835-DB
Court No. - 45
Case :- CRIMINAL MISC. WRIT PETITION No. - 13612 of 2023
Petitioner :- Firoj Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Manoj Kumar Mishra,Prabhu Narain Tiwari
Counsel for Respondent :- G.A.,Sushil Kumar Pandey
Hon'ble Vivek Kumar Birla,J. Hon'ble Vinod Diwakar,J.
stated by both the parties, we are prima facie satisfied from the plain reading of the impugned FIR, that a cognizable offence is made out.
Order Date :- 10.10.2023 RKM
Digitally signed by :- RAJESH KUMAR MAURYA High Court of Judicature at Allahabad
2 issues framed by the court
Whether the writ petition under Article 226 is maintainable to quash the FIR.
Whether a cognizable offence is established based on the plain reading of the impugned FIR.
Colour shows how this judgement treated each authority
State of Haryana and others vs. Bhajan Lal and othersExplained¶14
State of Haryana and others vs. Bhajan Lal and others, 1992 Supp. (1) SCC 335 · Who else cites this
M/s Neeharika Infrastructure Pvt. Ltd. vs. State of MaharashtraExplained¶14
M/s Neeharika Infrastructure Pvt. Ltd. vs. State of Maharashtra, AIR 2021 SC 1918 · Who else cites this
Leelavati Devi @ Leelawati & another vs. the State of Uttar PradeshExplained¶14
Special Leave to Appeal (Crl.) No.3262/2021 (Leelavati Devi @ Leelawati & another vs. the State of Uttar Pradesh)
2 provisions across 2 enactments
Firoj
State Of U.P.
Vivek Kumar Birla
Vinod Diwakar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
