The Allahabad High Court dismissed a criminal miscellaneous writ petition seeking quashing of an FIR. The court held that allegations disclosed cognizable offences and rejected the prayer.
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:146079-DB
Court No. - 43
Case :- CRIMINAL MISC. WRIT PETITION No. - 4300 of 2023 Petitioner :- Dharam Pal And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Randhir Singh Counsel for Respondent :- G.A.,Sandeep Kumar Srivastava
Hon'ble Anjani Kumar Mishra,J. Hon'ble Vivek Kumar Singh,J.
Heard learned counsel for the petitioners and learned AGA for the State.
The instant petition seeks quashing of the impugned F.I.R. dated 01.03.2023 giving rise to Case Crime No. 0120 of 2023, under Sections 323, 504, 324 IPC, Police Station Didoli, District Amroha.
Upon hearing learned counsel for the parties, we find that submissions made on behalf of the petitioners 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 petitioners to apply for bail/ anticipatory bail.
Order Date :- 21.7.2023 RKM
Digitally signed by :- RAJESH KUMAR MAURYA High Court of Judicature at Allahabad
Dharam Pal And Another
State Of U.P.
Anjani Kumar Mishra
Vivek Kumar Singh
As recorded by the court registry
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