The High Court of Judicature at Allahabad declined the prayer to quash an FIR under Section 306 IPC. The court held that cognizable offence was made out. The petitioner was advised to move for anticipatory bail within ten days.
Prayer for quashing declined; petitioner directed to approach appropriate forum for anticipatory bail within ten days.
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Neutral Citation No. - 2023:AHC:184661-DB
Court No. - 67
Case :- CRIMINAL MISC. WRIT PETITION No. - 15006 of 2023
Petitioner :- Zishan Saifi Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Alok Kumar Srivastava,Shweta Srivastava
Counsel for Respondent :- G.A.
Hon'ble Rahul Chaturvedi,J. Hon'ble Mohd. Azhar Husain Idrisi,J.
Heard learned counsel for the petitioner, learned A.G.A. appearing for the State-respondents and perused the record.
By means of this writ petition under Article 226 of the Constitution of India, the petitioner is assailing the illegality and validity of the FIR dated 02.09.2023 registered as Case Crime No. 437 of 2023, under Section 306 I.P.C., Police Station Katghar, District Moradabad.
Upon hearing learned counsel for the parties and upon a perusal of the record, we are of the considered opinion that the cognizable offence is made out against the petitioner and there is no occasion or reason to quash the FIR in exercise of power conferred under Article 226 of the Constitution of India.
Accordingly, the prayer for quashing the FIR is declined and refused.
However, it is open for the petitioner, if so advised, he shall move proper anticipatory bail application before the appropriate forum, within ten days from today.
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.
With the above observation, the writ petition is disposed of .
Order Date :- 22.9.2023 Israr
Digitally signed by :- ISRAR AHMAD High Court of Judicature at Allahabad
1 issue framed by the court
Whether the FIR registered under Section 306 IPC should be quashed in exercise of power under Article 226.
1 provisions across 1 enactments
Zishan Saifi
State Of U.P.
Rahul Chaturvedi
Mohd. Azhar Husain Idrisi
As recorded by the court registry
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