Ram Basant Singh Yadav and 7 Others v. State of U.P. and 3 Others

Court No. - 45 Case :- CRIMINAL MISC. WRIT PETITION No. - 17298 of 2023 Petitioner :- Ram Basant Singh Yadav And 7 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ramesh Chandra Yadav,Ajay Yadav Counsel for Respondent :- G.A. Hon'ble Vivek Kumar Birla,J. Hon'ble Anish Kumar Gupta,J.

¶1Heard Sri R.C. Yadav, learned counsel for the petitioner and learned A.G.A for the State respondents.

¶2The relief sought in this petition is for quashing of the F.I.R. dated

30.8.2023, registered as Case Crime No. 0134 of 2023, under Sections 147, 148, 149, 323, 504, 506, 307 IPC, Police Station Karimuddinpur, District Ghazipur. Further prayer has been made not to arrest the petitioner in the aforesaid case.

¶3Submission of the learned counsel for the petitioners is that the petitioners have been falsely implicated and no offence is made out against the petitioners. It is next submitted that the nature of injuries would clearly disclose that they are extremely simple in nature whereas as many as eight persons have been made accused in the first information report and, therefore, present criminal prosecution is mala fide in nature and till date no cogent material has been collected against the petitioners.

¶4Learned AGA opposed the prayer for quashing of the FIR, which discloses cognizable offence. He further submitted that the grounds that are being taken are nothing but the defence of the petitioners, which cannot be considered for the purpose of quashing the FIR.

¶5Perusal of the impugned first information report prima facie reveals commission of cognizable offence.

¶6Therefore, in view of the law laid down by Hon'ble Supreme Court in the case of State of Haryana and others vs. Bhajan Lal and others, 1992 Supp. (1) SCC 335 and M/s Neeharika Infrastructure Pvt. Ltd. vs. State of Maharashtra, AIR 2021 SC 1918 and in Special Leave to Appeal (Crl.) No.3262/2021 (Leelavati Devi @ Leelawati & another vs. the State of Uttar Pradesh) decided on 07.10.2021, no case has been made out for interference with the impugned first information report.

¶7Therefore, the writ petition is dismissed. Order Date :- 17.11.2023 Abhishek High Court of Judicature at Allahabad