Keshav v. State of U.P. and 3 Others

Court No. - 67 Case :- CRIMINAL MISC. WRIT PETITION No. - 16571 of 2023 Petitioner :- Keshav Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Virendra Singh,Hari Om Gupta Counsel for Respondent :- G.A. Hon'ble Rahul Chaturvedi,J. Hon'ble Mohd. Azhar Husain Idrisi,J. Heard Shri Virendra Singh, learned counsel for the petitioner, learned A.G.A. appearing for the State-respondents and perused the record. The petitioner, 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 04.09.2023 registered as Case Crime No.265 of 2023, under Sections 419, 420, 406, 467, 468, 471, 120-B I.P.C., Police Station Shahganj, District Jaunpur. Learned counsel for the petitioner argued that the impugned F.I.R. has been lodged only to harass and implicate the petitioner. The petitioner is brother of Nandlal, to whom the informant has given money to get employment in Colliery. Only being the brother of Nandlal, the petitioner has been roped in the present case, whereas, no case is made out against him. Further, learned counsel for the petitioner 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 petitioner 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 petitioner, 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