The Allahabad High Court dismissed a writ petition seeking quashing of an FIR due to a nine-day delay, ruling that injuries to victims establish the report's credibility and contain ingredients of a cognizable offence.
Writ petition dismissed; Right to apply for bail or anticipatory bail reserved.
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Neutral Citation No. - 2023:AHC:214068-DB
Court No. - 43
Case :- CRIMINAL MISC. WRIT PETITION No. - 16504 of 2023
Petitioner :- Archana Devi And 2 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Niraj Kumar Dwivedi,Virendra Kumar Counsel for Respondent :- G.A.
Hon'ble Anjani Kumar Mishra,J. Hon'ble Vivek Kumar Singh,J.
Order Date :- 7.11.2023 Aditya Tripathi
Digitally signed by :- ADITYA TRIPATHI High Court of Judicature at Allahabad
2 issues framed by the court
Whether a First Information Report (FIR) with a delay of 09 days can be quashed given injuries to victims.
Whether the presence of injuries, including a head injury, disproves the allegation that the FIR is concocted.
1 provisions across 1 enactments
Archana Devi And 2 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
