Two-judge bench dismissed a criminal miscellaneous writ petition seeking quashing of an FIR under Section 363 IPC. Court held that allegations were serious and disclosed cognizable offences, rejecting the prayer as misconceived.
Prayer to quash the FIR dated 26.01.2023 was rejected and the petition was dismissed.
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:108978-DB
Court No. - 46
Case :- CRIMINAL MISC. WRIT PETITION No. - 2479 of 2023
Petitioner :- Smt.Khushbu Singh Tomar And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Raj Kumar Pandey Counsel for Respondent :- G.A.,Alok Sharma
Hon'ble Anjani Kumar Mishra,J. Hon'ble Ms. Nand Prabha Shukla,J.
Heard learned counsel for the petitioners, learned counsel for the first informant and learned A.G.A. for the State.
The instant writ petition seeks quashing of the FIR dated 26.01.2023 giving rise to Case Crime No.046 of 2023, under Sections 363 I.P.C., Police Station- Katra, DistrictShahjahanpur.
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 petitioners 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 :- 18.5.2023 Aditya Tripathi
Digitally signed by :- ADITYA TRIPATHI High Court of Judicature at Allahabad
2 issues framed by the court
Whether the allegations in the FIR clearly disclose commission of cognizable offences justifying rejection of the quashing prayer.
Whether the defence submissions of the petitioner can be examined in a writ petition seeking quashing of an FIR.
1 provisions across 1 enactments
Smt. Khushbu Singh Tomar And 2 Others
State Of U.P. And 2 Others
Anjani Kumar Mishra
Nand Prabha Shukla
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
