The Court rejected the prayer for quashing the FIR as cognizable offences were made out against the petitioners. The petition was disposed of after observing that anticipatory bail could be sought separately.
Prayer for quashing the FIR is declined and rejected.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Neutral Citation No. - 2023:AHC:204503-DB
Court No. - 67
Case :- CRIMINAL MISC. WRIT PETITION No. - 16707 of 2023
Petitioner :- Shailendra Chahar Alias Shilu And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ajay Kumar Sharma Counsel for Respondent :- G.A.
Hon'ble Rahul Chaturvedi,J. Hon'ble Mohd. Azhar Husain Idrisi,J.
Heard learned counsel for the petitioners and learned AGA for the State.
By means of the present criminal writ petition, the petitioners are challenging the legality and validity of the case crime no. 177 of 2023, under Sections 420, 406, 467, 468, 471, 504 & 506 IPC, P.S. Kagaraul, District Agra.
After reading the entire FIR carefully, we are of the considered opinion that cognizable offence is made out against the petitioners and there is no reason or occasion to quash the FIR in exercise of power under Article 226 of the Constitution of India. Hence the prayer for quashing the FIR is hereby declined and accordingly rejected.
However, if so advised, the petitioners may file anticipatory bail before appropriate forum for redressal of their grievance within next ten days from today.
However, it is made clear that the Court is not expressing any opinion on the merits of the case, learned court concerned is expected to apply its robust judicial discretion in deciding the anticipatory bail as early as possible.
With this observation, the present writ petition is hereby disposed of.
Order Date :- 26.10.2023 Abhishek Sri.
Digitally signed by :- ABHISHEK RANJAN SRIVASTAVA High Court of Judicature at Allahabad
2 issues framed by the court
Whether the Criminal Miscellaneous Writ Petition can be accepted for quashing the FIR under Section 420, 406, 467, 468, 471, 504 & 506 IPC.
Whether the legal and valid case crime can be quashed under the powers conferred by Article 226 of the Constitution of India.
1 provisions across 1 enactments
Shailendra Chahar Alias Shilu And Another
State Of U.P.
3 Others
Rahul Chaturvedi
Mohd. Azhar Husain Idrisi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
