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

Court No. - 43 Case :- CRIMINAL MISC. WRIT PETITION No. - 16735 of 2023 Petitioner :- Shailendra Singh Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ruksana Counsel for Respondent :- G.A. Hon'ble Anjani Kumar Mishra,J. Hon'ble Mohd. Azhar Husain Idrisi,J.

¶1Heard learned counsel for the petitioner and learned A.G.A. for the State.

¶2The instant writ petition seeks quashing of the FIR dated

05.08.2023 giving rise to Case Crime No. 0217 of 2023, under Sections 379 I.P.C., Section 4, 10 of the Uttar Pradesh Protection of Trees in Rural and Hill Areas Act, 1976 and Sections 2/3 of the Prevention of Damage to Public Property Act, 1984, Police Station-Kulpahad, District-Mahoba.

¶3Upon hearing learned counsel for the parties and upon a perusal of the record, we find that the submissions made on behalf of the petitioner are his defence, which cannot be looked into while dealing with a writ petition seeking quashing of a first information report.

¶4Moreover, the allegations made in the First Information Report clearly disclose commission of cognizable offences and the allegations are serious in nature. Therefore, prayer of the petitioner to quash the First Information Report is completely misconceived and is rejected.

¶5The writ petition is therefore dismissed, without prejudice to the right of the petitioner to apply for bail/anticipatory bail. Order Date :- 27.10.2023 Aditya Tripathi High Court of Judicature at Allahabad