- Court
- High Court of Judicature at Allahabad
- Decided
- 7 November 2023
- Case no.
- CRLP 17488/2023
Judgment
Court No. - 43 Case :- CRIMINAL MISC. WRIT PETITION No. - 17488 of 2023 Petitioner :- Mushir @ Mushir Ahmad Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Rajeev Sharma 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.
¶2The instant writ petition seeks quashing of the FIR dated
08.10.2023 giving rise to Case Crime No.0195 of 2023, under Section 366 I.P.C., Police Station-Nidhauli Kala, District-Etah.
¶3The contention of the learned counsel for the petitioners is that the impugned FIR is a second FIR, which has been lodged in District Etah, Police Station Nidhauli Kala on 08.10.2023 regarding the disappearance of a lady and her minor son on
26.09.2023. The petitioner has been nominated as an accused in this FIR.
¶4The argument that has been raised at the bar cannot be accepted. It appears that at best some complaint was given in the police station.
¶5It is sought to be argued by learned counsel for the petitioners that this complaint was investigated, however, without an FIR having been registered. Such an investigation does not have the sanction of law. Therefore, any report on the basis of such illegal investigation cannot be relied upon by the Court.
¶6Learned counsel for the petitioners has not been able to establish that on the earlier complaint some FIR was actually registered.
¶7Under the circumstances and since the earlier report did not, prima facie, culminate in an FIR, the FIR impugned cannot be said to be a second FIR.
¶8Moreover, the allegations in the impugned FIR contain the ingredients of a cognizable offence. Therefore, also this FIR cannot be quashed and it can definitely not be quashed on the basis of submissions made that the impugned FIR is a second FIR.
¶9In view of what has been stated above, accordingly this writ petition fails and is dismissed. Order Date :- 8.11.2023 Mayank High Court of Judicature at Allahabad
Source: High Court of Judicature at Allahabad, through the eCourts High Court services, via the Indian High Court Judgments open dataset by Dattam Labs (CC BY 4.0). Text was extracted from the official PDF and may contain conversion errors. Check the official PDF before relying on it.