Sultan Ahmad v. State of U.P. and 3 Others

Court No. - 43 Case :- CRIMINAL MISC. WRIT PETITION No. - 14862 of 2023 Petitioner :- Sultan Ahmad Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Abhishek Srivastava Counsel for Respondent :- G.A. Hon'ble Anjani Kumar Mishra,J. Hon'ble Mohd. Azhar Husain Idrisi,J. Heard learned counsel for the petitioner and learned A.G.A. for the State and perused the record. The instant petition seeks quashing of the impugned F.I.R. dated 26.07.2023 giving rise to Case Crime No. 70 of 2023, under Sections 420, 406, 354 IPC and added Sections 386 and 506 IPC, Police Station Biharigarh, District Saharanpur. The contention of learned counsel for the petitioner is that he is not named in the first information report. In our considered opinion, since, the petitioner is not named in the first information report, he has no locus to file this writ petition. In case, his name has come to light during investigation, it is evidence which may have been collected during investigation that would not render the first information report liable to challenge. The writ petition is therefore dismissed, without prejudice to the right of the petitioner to apply for bail/ anticipatory bail. Order Date :- 27.10.2023 Rmk. High Court of Judicature at Allahabad