Mohd. Umar Alias Malloo v. State of U.P. and 3 Others

Court No. - 45 Case :- CRIMINAL MISC. WRIT PETITION No. - 15179 of 2023 Petitioner :- Mohd. Umar Alias Malloo Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Pramod Kumar,Babu Lal Ram Counsel for Respondent :- G.A. Hon'ble Vivek Kumar Birla,J. Hon'ble Vinod Diwakar,J.

¶1Heard Shri Babu Lal Ram, learned counsel for the petitioner, Shri H.K. Kushwaha, learned State Law Officer for the State-respondents, and perused the record.

¶2The relief sought in this petition is for quashing of the impugned First Information Report dated 18.8.2023, registered as Case Crime No.410 of 2023, under Sections 376, 506 IPC and 67 of Information Technology (Amendment) Act, Police Station-Mubarakpur, District Azamgarh. Further prayer has been made not to arrest the petitioner in the aforesaid case.

¶3Submission of learned counsel for the petitioner is that no offence whatsoever has been made. No video etc. was made viral and the entire allegation is concocted and false, and as such the impugned FIR is liable to be quashed.

¶4Per contra, learned S.L.O. submits that as per instructions the video was made viral on the internet as stated in the FIR, therefore, cognizable offence is made out.

¶5In such view of the matter, on plain reading of the contents of the impugned FIR, we find that the commission of a cognizable offence is made out. The arguments of learned counsel for the petitioner is nothing but a defence of the petitioner that cannot be considered for the purpose of quashing of the impugned FIR. The petitioner has also failed to bring his case within the parameters of State of Haryana and others Vs. Bhajan Lal and others, 1992 Supp. (1) SCC 335. Therefore, the extra-ordinary power vests with this Court cannot be invoked in the facts-circumstances of the case.

¶6The writ petition is devoid of merits, and is accordingly, dismissed. Order Date :- 19.10.2023 Anil K. Sharma High Court of Judicature at Allahabad