Om Dev Singh and 3 Others v. State of U.P. and 3 Others

Court No. - 43 Case :- CRIMINAL MISC. WRIT PETITION No. - 17160 of 2023 Petitioner :- Om Dev Singh And 3 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Rajiv Kumar Mishra,Kamlesh Kumar Mishra Counsel for Respondent :- G.A. Hon'ble Anjani Kumar Mishra,J. Hon'ble Vivek Kumar Singh,J.

¶1Heard learned counsel for the petitioners and learned A.G.A. for the State and perused the record.

¶2The instant petition seeks quashing of the impugned F.I.R. dated

08.10.2023 giving rise to Case Crime No. 505 of 2023, under Section 420, 467, 468, 471 and 120B IPC and Section 13(1)(a) Prevention of Corruption Act 1988, Police Station Phase-I, District Gautam Budh Nagar.

¶3The contention of learned counsel for the petitioners is that he is not named in the first information report.

¶4In our considered opinion, since, the petitioners are not named in the first information report, they have no locus to file this writ petition.

¶5In case, their name have 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.

¶6The writ petition is therefore dismissed, without prejudice to the right of the petitioners to apply for bail/ anticipatory bail. Order Date :- 2.11.2023 Md Faisal High Court of Judicature at Allahabad