This court rejected the petition seeking quashing of an FIR alleging offences under Sections 323, 504, and 308 of the IPC. The court held that the petition represented the petitioner's defence and statutory disclosures made cognizable offences.
The writ petition seeking quashing of the FIR is dismissed.
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Court No. - 46
Case :- CRIMINAL MISC. WRIT PETITION No. - 6618 of 2023
Petitioner :- Pradeep Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Yogesh Kumar 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 15.10.2022 giving rise to Case Crime No.325 of 2022, under Sections 323, 504, 308 I.P.C., Police Station-Refinery, DistrictMathura.
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 :- 1.5.2023 Mini
Digitally signed by :- MINI KANAUJIYA High Court of Judicature at Allahabad
1 issue framed by the court
Whether the First Information Report disclosing allegations of cognizable offences can be quashed in a writ petition.
1 provisions across 1 enactments
Pradeep
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
