Munesh Kumar v. State of U.P. and 3 Others

Court No. - 43 Case :- CRIMINAL MISC. WRIT PETITION No. - 17734 of 2023 Petitioner :- Munesh Kumar Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Prabhat Kumar Singh Counsel for Respondent :- G.A. Hon'ble Anjani Kumar Mishra,J. Hon'ble Vivek Kumar Singh,J. Heard learned counsel for the petitioner and learned A.G.A. for the State and perused the record. The instant petition seeks quashing of the impugned F.I.R. dated

19.04.2022 giving rise to Case Crime No. 0117 of 2022, under Sections 336, 337, 338, 34 IPC and Sections 25 and 30 of the Arms Act, 1959, Police Station Badalpur, District Gautam Budha Nagar. The contention of learned counsel for the petitioner is that he is not named in the first information report. In our considered opinion, since, the petitioner is not named in the first information report, he has no locus to file this writ petition. In 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. The writ petition is therefore dismissed, without prejudice to the right of the petitioner to apply for bail/ anticipatory bail. Order Date :- 9.11.2023 Jaswant High Court of Judicature at Allahabad