Irfan Khan v. State of U.P. and 2 Others

Court No. - 43 Case :- CRIMINAL MISC. WRIT PETITION No. - 16347 of 2023 Petitioner :- Irfan Khan Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- M J Akhtar Counsel for Respondent :- G.A. Hon'ble Anjani Kumar Mishra,J. Hon'ble Vivek Kumar Singh,J. Heard learned counsel for the petitioner and learned A.G.A. for the State and perused the record. The instant petition seeks quashing of the impugned F.I.R. dated

24.09.2023 giving rise to Case Crime No. 0442 of 2023, under Section 365, 342, 376-D IPC, and section 3 & 4 POCSO Act, Police Station Kaptanganj, District Kushinagar. The contention of learned counsel for the petitioner is that he is not named in the first information report. In our considered opinion, since, the petitioner is not named in the first information report, he has no locus to file this writ petition. In case, his name has come to light during investigation, it is evidence which may have been collected during investigation that would not render the first information report liable to challenge. The writ petition is therefore dismissed, without prejudice to the right of the petitioner to apply for bail/ anticipatory bail. Order Date :- 17.10.2023 Bhanu High Court of Judicature at Allahabad