The High Court considered a writ petition seeking quashing of an FIR. It held that factual disputes preclude quashing under Article 226 and refused the prayer. However, it directed the petitioners to appear for bail within 60 days.
Prayer for quashing of FIR refused. Direction to appear within 60 days for bail.
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. - 2024:AHC:183909-DB
Court No. - 48
Case :- CRIMINAL MISC. WRIT PETITION No. - 21225 of 2024
Petitioner :- Ramjani And 6 Others Respondent :- State Of Up And 3 Others Counsel for Petitioner :- Amit Rana,Ravi Prakash Counsel for Respondent :- G.A.,Narendra Deo Upadhyay,Vinay Bhushan Upadhyay
Hon'ble Siddharth,J. Hon'ble Subhash Chandra Sharma,J.
cannot be adjudicated upon by this Court under article 226 of Constitution of India. At this stage only prima facie case is to be seen in the light of the law laid down by Supreme Court in cases of R.P. Kapur Vs. State of Punjab, A.I.R. 1960 S.C. 866, State of Haryana Vs. Bhajan Lal, 1992 SCC (Cr.) 426, State of Bihar Vs. P.P.Sharma, 1992 SCC (Cr.) 192 and lastly Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq and another (Para-10) 2005 SCC (Cr.) 283 .
Order Date :- 25.11.2024 Abhishek
Digitally signed by :- ABHISHEK YADAV High Court of Judicature at Allahabad
2 issues framed by the court
Whether the prayer for quashing the FIR under Article 226 of the Constitution of India is maintainable.
Whether a prima facie case is made out against the petitioners for quashing the FIR.
Colour shows how this judgement treated each authority
R.P. Kapur Vs. State of PunjabReferred¶10
R.P. Kapur Vs. State of Punjab, A.I.R. 1960 S.C. 866 · Who else cites this
State of Haryana Vs. Bhajan LalReferred¶10
State of Haryana Vs. Bhajan Lal, 1992 SCC (Cr.) 426 · Who else cites this
State of Bihar Vs. P.P.SharmaReferred¶10
State of Bihar Vs. P.P.Sharma, 1992 SCC (Cr.) 192 · Who else cites this
Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq and anotherReferred¶10
Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq and another (Para-10) 2005 SCC (Cr.) 283 · Who else cites this
Amrawati and another Vs. State of U.P.Referred¶11
Amrawati and another Vs. State of U.P. reported in 2004 (57) ALR 290
Lal Kamlendra Pratap Singh Vs. State of U.P.Referred¶11
2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P.
2 provisions across 2 enactments
Ramjani And 6 Others
State Of Up And 3 Others
Siddharth
Subhash Chandra Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
