Nadeem Khan v. State of U.P. and 2 Others

Court No. - 43 Case :- CRIMINAL MISC. WRIT PETITION No. - 16397 of 2023 Petitioner :- Nadeem Khan Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Suneel Kumar Counsel for Respondent :- G.A. Hon'ble Anjani Kumar Mishra,J. Hon'ble Vivek Kumar Singh,J.

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

¶2The instant writ petition seeks quashing of the FIR dated

30.09.2023 giving rise to Case Crime No.525 of 2023, under Sections 147, 148, 149, 186, 353, 427, 504, 506 I.P.C. and Section 7 of Criminal Law Amendment Act, Police Station-Pooranpur, District-Pilibhit.

¶3It is contended by the learned counsel for the petitioner that the first information report is fabricated and that the place of occurrence has also been changed.

¶4Upon 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.

¶5Moreover, 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.

¶6The writ petition is therefore dismissed, without prejudice to the right of the petitioners to apply for bail/anticipatory bail. Order Date :- 6.11.2023 Himanshu High Court of Judicature at Allahabad