Nabi Mohammad @ Nabiya v. State of U.P. and 3 Others

Court No. - 43 Case :- CRIMINAL MISC. WRIT PETITION No. - 17153 of 2023 Petitioner :- Nabi Mohammad @ Nabiya Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Javed Khan Counsel for Respondent :- G.A. Hon'ble Anjani Kumar Mishra,J. Hon'ble Vivek Kumar Singh,J.

¶1Case called out in the revised list.

¶2None is appeared to press this petitioner.

¶3Learned AGA states that the petitioner is not named in the FIR.

¶4The instant petition seeks quashing of the impugned F.I.R. dated

16.08.2022 giving rise to Case Crime No. 305 of 2022, under Section 454, 380, 411 IPC, Police Station Gulawati, District Bulandshahr.

¶5The contention of learned counsel for the petitioner is that he is not named in the first information report.

¶6In our considered opinion, since, the petitioner is not named in the first information report, he has no locus to file this writ petition.

¶7In 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.

¶8The writ petition is therefore dismissed, without prejudice to the right of the petitioner to apply for bail/ anticipatory bail. Order Date :- 2.11.2023 Md Faisal High Court of Judicature at Allahabad