Monish Khan v. State of U.P. and 3 Others

Court No. - 45 Case :- CRIMINAL MISC. WRIT PETITION No. - 15738 of 2023 Petitioner :- Monish Khan Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Mohd. Azam Counsel for Respondent :- G.A. Hon'ble Vivek Kumar Birla,J. Hon'ble Vinod Diwakar,J.

¶1Heard Mohd. Azam, learned counsel for the petitioner and Sri Ratan Singh, learned A.G.A for the State respondents.

¶2The relief sought in this petition is for quashing of the F.I.R. dated

31.1.2023, registered as Case Crime No. 23 of 2023, under Section 379 IPC, Police Station Purkazi, District Muzaffar Nagar. Further prayer has been made not to arrest the petitioner in the aforesaid case.

¶3Submission of the learned counsel for the petitioner is that the petitioner has been falsely implicated and no offence is made out against the petitioner. It is further submitted that the petitioner is being harassed by the respondent no. 3.

¶4Learned AGA opposed the prayer for quashing of the FIR, which discloses cognizable offence. He has pointed out that co-accused Naseem Khan has already been arrested and recovery has also been made.

¶5Perusal of the impugned first information report prima facie reveals commission of cognizable offence.

¶6Therefore, in view of the law laid down by Hon'ble Supreme Court in the case of State of Haryana and others vs. Bhajan Lal and others, 1992 Supp. (1) SCC 335 and M/s Neeharika Infrastructure Pvt. Ltd. vs. State of Maharashtra, AIR 2021 SC 1918 and in Special Leave to Appeal (Crl.) No.3262/2021 (Leelavati Devi @ Leelawati & another vs. the State of Uttar Pradesh) decided on 07.10.2021, no case has been made out for interference with the impugned first information report.

¶7Therefore, the writ petition is dismissed. Order Date :- 27.10.2023 Abhishek High Court of Judicature at Allahabad