High Court dismissed a writ petition seeking to quash an FIR under IPC sections 386 and 506, holding that a cognizable offence was made out against the petitioner and noting she could seek anticipatory bail separately.
Prayer for quashing of FIR declined and refused; writ petition disposed of
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Neutral Citation No. - 2023:AHC:224675-DB
Court No. - 67
Case :- CRIMINAL MISC. WRIT PETITION No. - 18446 of 2023
Petitioner :- Smt. Kanak Sharma Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Mohit Kumar Jaiswal,Nasiruzzaman Counsel for Respondent :- G.A.
Hon'ble Rahul Chaturvedi,J. Hon'ble Mohd. Azhar Husain Idrisi,J.
Heard learned counsel for the petitioner, learned A.G.A. appearing for the State-respondents and perused the record.
The petitioner, by means of this writ petition under Article 226 of the Constitution of India, has invoked the inherent jurisdiction of this Court with prayer to quash the impugned First Information Report dated 06.09.2023 registered as Case Crime No. 425 of 2023, under Sections 386, 506 I.P.C., Police Station Hari Parbat, District Agra.
Upon hearing learned counsel for the parties and upon a perusal of the record, we are of the considered opinion that the cognizable offence is made out against the petitioner and there is no occasion or reason to quash the FIR in exercise of power conferred under Article 226 of the Constitution of India.
Accordingly, the prayer for quashing the FIR is declined and refused.
However, it is open for the petitioner, if so advised, he shall move proper anticipatory bail application before the appropriate forum, within ten days from today which shall be decided in accordance with law.
It is also made clear that the Court is not expressing any opinion on the merits of the case. The court concerned is expected to apply its robust and judicial discretion in deciding the anticipatory bail application as early as possible.
With the above observation, the writ petition is disposed of.
Order Date :- 28.11.2023 Rmk.
Digitally signed by :- RAM MURTI KUSHWAHA High Court of Judicature at Allahabad
2 issues framed by the court
Whether the First Information Report warranting quashing under Article 226 of the Constitution of India.
Whether a cognizable offence was made out against the petitioner.
2 provisions across 2 enactments
Smt. Kanak Sharma
State Of U.P.
Rahul Chaturvedi
Mohd. Azhar Husain Idrisi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
