Shabbir Ali and 2 Others v. State of U.P. and 3 Others

Court No. - 43 Case :- CRIMINAL MISC. WRIT PETITION No. - 17874 of 2023 Petitioner :- Shabbir Ali And 2 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Yakub Ali,Muhammad Azam Counsel for Respondent :- G.A. Hon'ble Anjani Kumar Mishra,J. Hon'ble Shekhar B. Saraf,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

04.08.2023 giving rise to Case Crime No.0516 of 2023, under Sections498A, 323, 452 I.P.C. and Section 3/4 D.P. Act, Police Station-Hata, District-Kushi Nagar.

¶3Learned AGA states that charge-sheet has already been filed against the petitioner nos. 2 and 3 and that investigation insofar as petitioner no.1 is concerned, is still pending.

¶4Under the circumstances and since charge-sheet has been filed and because the FIR cannot be quashed in part, the writ petition is therefore dismissed, without prejudice to the right of the petitioner no.1 to apply for bail/anticipatory bail. Order Date :- 17.11.2023 Aditya Tripathi High Court of Judicature at Allahabad