Rajendra Singh v. State of U.P. and 3 Others

Court No. - 67 Case :- CRIMINAL MISC. WRIT PETITION No. - 16566 of 2023 Petitioner :- Rajendra Singh Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ravindra Kumar Mishra,Radhey Shyam Dwivedi Counsel for Respondent :- G.A.,Dhananjay Kumar Hon'ble Rahul Chaturvedi,J. Hon'ble Mohd. Azhar Husain Idrisi,J. Heard Shri Ravindra Kumar Mishra, learned counsel for the petitioner, learned A.G.A. appearing for the State-respondents and perused the record. The petitioners, by means of this writ petition under Article 226 of the Constitution of India, have invoked the inherent jurisdiction of this Court with prayer to quash the impugned First Information Report dated 15.09.2023 registered as Case Crime No.227 of 2023, under Sections 147, 148, 149, 302, 34 I.P.C., Section 7 Criminal Law Amendment Act and Section 3(2)(V) SC/ST Act, Police Station Sandeepanghat, District Kaushambi. Learned counsel for the petitioner argued that the petitioner is named accused, however, the case in hand is a case of murder but no recovery of any type of arms has been made from the possession of the accused. Further, learned counsel for the petitioner has raised a number of legal and factual aspects of the matter. Upon hearing learned counsel for the parties and upon a perusal of the record, we are of the considered opinion that the cognizable offence is made out against the petitioners and there is no occasion or reason to quash the FIR in exercise of power conferred under Article 226 of the Constitution of India. Accordingly, the prayer for quashing the FIR is declined and refused. However, it is open for the petitioners, if so advised, they shall move proper bail application before the appropriate forum, within ten days from today which shall be decided in accordance with law. It is also made clear that the Court is not expressing any opinion on the merits of the case. The court concerned is expected to apply its robust and judicial discretion in deciding the bail application as early as possible. With the above observation, the writ petition is disposed of. Order Date :- 19.10.2023 Zafar High Court of Judicature at Allahabad