The High Court dismissed a writ petition seeking quashing of an FIR alleging offences under Sections 420, 467, 468, 471, and 120B I.P.C., holding that defence submissions are not admissible and the allegations clearly disclose cognizable offences.
Prayer to quash the First Information Report was rejected and the writ 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:100777-DB
Court No. - 46
Case :- CRIMINAL MISC. WRIT PETITION No. - 3349 of 2023
Petitioner :- Tarun Chhabra Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Kaushal Mishra,Shubham Dwivedi 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 17.11.2022 giving rise to Case Crime No.0723 of 2022, under Sections 420, 467, 468, 471, 120B I.P.C., Police StationKotwali, District-Mathura.
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 :- 10.5.2023 Mini
Digitally signed by :- MINI KANAUJIYA High Court of Judicature at Allahabad
2 issues framed by the court
Whether the First Information Report under Sections 420, 467, 468, 471, 120B I.P.C. should be quashed.
Whether the defence submissions of the petitioner are admissible in a quashing petition.
Tarun Chhabra
State Of U.P.
Anjani Kumar Mishra
Nand Prabha Shukla
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
