Shiv Singh and 3 Others Vs State of U.P. and 2 Others

Neutral Citation No. - 2023:AHC:186914-DB

Court No. - 67

Case :- CRIMINAL MISC. WRIT PETITION No. - 15265 of 2023

Petitioner :- Shiv Singh And 3 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ravi Sahu Counsel for Respondent :- G.A.

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Hon'ble Rahul Chaturvedi,J. Hon'ble Mohd. Azhar Husain Idrisi,J.

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Heard learned counsel for the petitioners, learned A.G.A. for the State and perused the record.

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By means of the present writ petition under Article 226 of the Constitution of India, the petitioners are assailing the legality and validity of the FIR dated 22.08.2023 registered as Case Crime No.418 of 2023, under Sections 452, 323, 356, 504, 506, 406 I.P.C., and 3(1)Da, 3(1)Dha, 3(2) (VA) SC/ST Act, Police Station Ghatampur, District Kanpur Nagar.

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Learned counsel for the petitioners has raised a number of legal and factual aspects of the matter.

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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 petitioners and there is no occasion or reason to quash the FIR in exercise of power conferred under Article 226 of the Constitution of India.

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Accordingly, the prayer for quashing the FIR is declined and refused.

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However, it is open for the petitioner, if so advised, they shall move proper bail application before the appropriate forum, within ten days from today which shall be decided in accordance with law.

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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.

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With the above observation, the writ petition is disposed of .

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Order Date :- 26.9.2023 Rmk.

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Digitally signed by :- RAM MURTI KUSHWAHA High Court of Judicature at Allahabad

Shiv Singh and 3 Others v. State of U.P. and 2 Others

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Shiv Singh and 3 Others v. State of U.P. and 2 Others

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