The High Court of Judicature at Allahabad rejected the petitioner's plea to quash the FIR as it contained serious allegations disclosing cognizable offences; the petition was dismissed without affecting bail rights.
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Court No. - 46
Case :- CRIMINAL MISC. WRIT PETITION No. - 2934 of 2023
Petitioner :- Akash Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sunil Kumar Yadav Counsel for Respondent :- G.A.
Hon'ble Anjani Kumar Mishra,J. Hon'ble Ms. Nand Prabha Shukla,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 03.02.2023 giving rise to Case Crime No.22 of 2023, under Sections 147, 148, 323, 336 I.P.C. and 7 Criminal Law Amendment Act, Police Station-Aliganj, District-Etah.
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 petitioner to apply for bail/anticipatory bail.
Order Date :- 3.5.2023 Mini
Digitally signed by :- MINI KANAUJIYA High Court of Judicature at Allahabad
1 issue framed by the court
Whether the First Information Report generating the FIR should be quashed.
1 provisions across 1 enactments
Akash
State Of U.P.
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
