Hanif and Another v. State of U.P. and 3 Others

Court No. - 43 Case :- CRIMINAL MISC. WRIT PETITION No. - 16893 of 2023 Petitioner :- Hanif And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Rajesh Kumar Vishwakarma Counsel for Respondent :- G.A. Hon'ble Anjani Kumar Mishra,J. Hon'ble Vivek Kumar Singh,J. Vakalatnama filed by Shri Saiyad Iqbal Ahmed, Advocate on behalf of the informant, in the Court today, is taken on record. Heard learned counsel for the petitioners, learned counsel for the first informant and learned A.G.A. for the State. The instant writ petition seeks quashing of the FIR dated

18.08.2023 giving rise to Case Crime No.236 of 2023, under Sections 376-D, 342, 506 I.P.C., Police Station-Asmauli, District-Sambhal. Upon 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. Moreover, 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 petitioners to quash the First Information Report is completely misconceived and is rejected. The writ petition is therefore dismissed, without prejudice to the right of the petitioners to apply for bail/anticipatory bail. Order Date :- 30.10.2023 Bhanu High Court of Judicature at Allahabad