This High Court dismissed a writ petition seeking quashing of an FIR. The petitioners argued death was natural and a civil suit was pending. The Court held these are criminal defenses unreviewable in a quashing petition and rejected the prayer as misconceived.
Writ petition to quash the FIR dismissed.
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Neutral Citation No. - 2023:AHC:201896-DB
Court No. - 43
Case :- CRIMINAL MISC. WRIT PETITION No. - 16454 of 2023 Petitioner :- Abdul Rasheed Bahar And 6 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Lalit Kumar Srivastava,Vivek Kumar Shukla
Counsel for Respondent :- G.A.
Hon'ble Anjani Kumar Mishra,J. Hon'ble Vivek Kumar Singh,J.
1.Sri Rajesh Mishra and Sri Vinod Kumar Sharma learned Advocates have filed Vakalatnama on behalf of the first informant in the Court today and the same is taken on record.
petitioners to quash the First Information Report is completely misconceived and is rejected.
Order Date :- 18.10.2023 Himanshu
Digitally signed by :- HIMANSHU YADAV High Court of Judicature at Allahabad
3 issues framed by the court
Whether a writ petition can quash an FIR where detergents in the death and a pending civil suit are raised as defenses in a criminal proceeding.
Whether serious allegations disclosing commission of cognizable offences preclude quashing of an FIR before trial.
Whether the proposed decision operates thereto to quash the FIR under the given circumstances.
1 provisions across 1 enactments
Abdul Rasheed Bahar And 6 Others
State Of U.P. And 3 Others
Anjani Kumar Mishra
Vivek Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
