This High Court dismissed a writ petition seeking quashing of an FIR alleging offences under Sections 147, 447, 427, 504, 605 & 379 IPC. The court rejected the quash prayer as the FIR disclosed serious cognizable offences.
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Neutral Citation No. - 2023:AHC:99153-DB
Court No. - 46
Case :- CRIMINAL MISC. WRIT PETITION No. - 5024 of 2023 Petitioner :- Smt. Manno Devi And 2 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sanjay Srivastava Counsel for Respondent :- G.A.
Hon'ble Anjani Kumar Mishra,J. Hon'ble Ms. Nand Prabha Shukla,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 18.09.2022 giving rise to Case Crime No. 0657 of 2022, under Sections 147, 447, 427, 504, 605 & 379 IPC, Police Station Soraon, District Prayagraj.
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 :- 9.5.2023 RKM
Digitally signed by :- RAJESH KUMAR MAURYA High Court of Judicature at Allahabad
1 issue framed by the court
Whether the prayer to quash the F.I.R. under Section 482 CrPC is maintainable given the allegations disclose cognizable offences.
Smt. Manno Devi And 2 Others
State Of U.P. And 3 Others
Anjani Kumar Mishra
Nand Prabha Shukla
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
