Brijesh Yadav v. State of U.P. and 2 Others

Court No. - 43 Case :- CRIMINAL MISC. WRIT PETITION No. - 15773 of 2023 Petitioner :- Brijesh Yadav Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Piyush Patel,Pradeep Kumar Counsel for Respondent :- G.A.,Bibhuti Narayan Singh Hon'ble Anjani Kumar Mishra,J. Hon'ble Manoj Bajaj,J.

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

¶2The instant writ petition seeks quashing of the impugned first information report dated 23.09.2023 registered as Case Crime No.271 of 2023, under Sections 323, 504, 506, 392 I.P.C. and Section 3(1)(Dha) and 3(2)(va) S.C./S.T., Police Station-Purandarpur, District Maharajganj.

¶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 is 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 :- 28.10.2023 Raj High Court of Judicature at Allahabad