Salman Khan v. State of U.P. and 3 Others

Court No. - 43 Case :- CRIMINAL MISC. WRIT PETITION No. - 17491 of 2023 Petitioner :- Salman Khan Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Suresh Singh Counsel for Respondent :- G.A. Hon'ble Anjani Kumar Mishra,J. Hon'ble Vivek Kumar Singh,J.

¶1Heard learned counsel for the petitioner and perused the record.

¶2The instant petition seeks quashing of the impugned F.I.R. dated 07.10.2023 giving rise to Case Crime No.0008 of 2023, under Sections 420 I.P.C. and 66-D of the Information Technology (Amended) Act, 2008, Police Station Cyber Crime Police P.S. Basti, District C.C.H.Q. Basti.

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

¶4In our considered opinion, since, the petitioner is not named in the first information report, he has no locus to file this writ petition.

¶5In 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.

¶6The writ petition is therefore dismissed, without prejudice to the right of the petitioner to apply for bail/ anticipatory bail. Order Date :- 8.11.2023 Mayank High Court of Judicature at Allahabad