Held that defence arguments cannot be considered in quashing proceedings; as FIR disclosed serious cognizable offences under Section 409 IPC, prayer to quash was rejected and writ petition dismissed without prejudice to bail applications.
Petition dismissed; prayer to quash FIR rejected; right to apply for bail or anticipatory bail upheld.
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:210187-DB
Court No. - 43
Case :- CRIMINAL MISC. WRIT PETITION No. - 17091 of 2023
Petitioner :- Vijaypal Singh Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sandeep Maniji Bakhshi 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 29.9.2023 giving rise to Case Crime No.626 of 2023, under Section 409 I.P.C., Police Station- Bannadevi, DistrictAligarh.
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 his 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 :- 1.11.2023 Dev/-
Digitally signed by :- DEV PRAKASH High Court of Judicature at Allahabad
2 issues framed by the court
Whether First Information Report disclosing cognizable offences can be quashed in a criminal miscellaneous writ petition.
Whether defence arguments of a petitioner can be considered in quashing proceedings.
1 provisions across 1 enactments
Vijaypal Singh
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
