The Allahabad High Court dismissed a criminal writ petition seeking quashing of an FIR disclosed serious offences cheating and forgery, holding plea submissions inadmissible and the prayer misconceived.
The prayer to quash the First Information Report is rejected. The writ petition is dismissed.
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Neutral Citation No. - 2023:AHC:200769-DB
Court No. - 43
Case :- CRIMINAL MISC. WRIT PETITION No. - 16420 of 2023
Petitioner :- Smt. Niharika Patel Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Santosh Kumar Singh 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.
The instant writ petition seeks quashing of the FIR dated 9.6.2023 giving rise to Case Crime No.100 of 2023, under Sections 419, 420, 467, 468 & 471 I.P.C., Police StationJamalpur, District- Mirzapur.
Upon hearing learned counsel for the parties and upon a perusal of the record, we find that the submissions made on behalf of the petitioner are her 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 petitioner 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 :- 17.10.2023 Dev/-
Digitally signed by :- DEV PRAKASH High Court of Judicature at Allahabad
2 issues framed by the court
Whether the High Court should quash the FIR under Section 482 Cr.P.C. given the nature of allegations.
Whether the petitioner's defence submissions can be considered during a writ petition for quashing.
1 provisions across 1 enactments
Smt. Niharika Patel
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
