Shiv Pratap Keshari and 2 Others v. State of U.P. and 3 Others

Court No. - 43 Case :- CRIMINAL MISC. WRIT PETITION No. - 16198 of 2023 Petitioner :- Shiv Pratap Keshari And 2 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Amrendra Pratap Singh,Vijay Kumar Singh Counsel for Respondent :- G.A.,Pavanesh Kumar Yadav Hon'ble Anjani Kumar Mishra,J. Hon'ble Shiv Shanker Prasad,J.

¶1Heard learned counsel for the petitioner and learned A.G.A. for the State.

¶2The instant writ petition seeks quashing of the FIR dated

01.08.2023 giving rise to Case Crime No. 0278 of 2023, under Section 452, 304, 323, 504, 506 I.P.C, Police Station-Phoolpur, District-Prayagraj.

¶3Upon hearing learned counsel for the parties and upon a perusal of the record, we find that the submissions made on behalf of the petitioners are their defence, which cannot be looked into while dealing with a writ petition seeking quashing of a first information report.

¶4Moreover, 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 petitioners to quash the First Information Report is completely misconceived and is rejected.

¶5The writ petition is, therefore, dismissed, without prejudice to the right of the petitioner to apply for bail/anticipatory bail. Order Date :- 12.10.2023 Himanshu High Court of Judicature at Allahabad