Vinod and 2 Others v. State of U.P. and 2 Others

Court No. - 67 Case :- CRIMINAL MISC. WRIT PETITION No. - 16570 of 2023 Petitioner :- Vinod And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ajay Kumar Shukla Counsel for Respondent :- G.A. Hon'ble Rahul Chaturvedi,J. Hon'ble Mohd. Azhar Husain Idrisi,J. Heard Shri Ajay Kumar Shukla, learned counsel for the petitioners, 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 22.08.2023 registered as Case Crime No.496 of 2023, under Section 394 I.P.C., Police Station Akrabad, District Aligarh. Learned counsel for the petitioners argued that the impugned F.I.R. has been lodged only to harass and implicate the petitioners. So far as the injury is concerned, the injured persons have been examined after three months of the incident, which does not corroborate with the F.I.R. version. Further, learned counsel for the petitioners has raised a number of legal and factual aspects of the matter and submitted that the present F.I.R. may be quashed. 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