High Court dismissed a criminal miscellaneous writ petition seeking quashing of an FIR and seeking protection from arrest. The court found that cognizable offences were made out and admitted informant and victim were already in jail.
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Neutral Citation No. - 2023:AHC:221185-DB
Court No. - 45
Case :- CRIMINAL MISC. WRIT PETITION No. - 17211 of 2023
Petitioner :- Aditya Rai Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Deepak Kumar Tripathi Counsel for Respondent :- G.A.
Hon'ble Vivek Kumar Birla,J. Hon'ble Vinod Diwakar,J.
1 . Heard Sri Deepak Kumar Tripathi, learned counsel for the petitioner and learned A.G.A for the State respondents.
2 . The relief sought in this petition is for quashing of the F.I.R. dated 13.10.2023, registered as Case Crime No. 0674 of 2023, under Sections 364, 504, 506, 120B IPC and Section 3 (2)(v), 3 (1)(r), 3 (1)(s) SC/ST Act, Police Station Dhanghata, District Sant Kabir Nagar Further prayer has been made not to arrest the petitioner in the aforesaid case.
3 . During course of arguments, although learned counsel for the petitioner sought to challenge the impugned FIR, however, during course of investigation, it is admitted that informant and the victim both have been arrested and sent to jail.
5 . In such view of the matter, the writ petition is dismissed.
Order Date :- 22.11.2023 Abhishek
Digitally signed by :- ABHISHEK AGRAHARI High Court of Judicature at Allahabad
2 issues framed by the court
Whether the High Court should exercise its writ jurisdiction to quash the framed FIR based on the facts and circumstances.
Whether a cognizable offence is made out based on the impugned FIR.
1 provisions across 1 enactments
Aditya Rai
State Of U.P.
Vivek Kumar Birla
Vinod Diwakar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
