Raju v. State of U.P. and 3 Others

Court No. - 43 Case :- CRIMINAL MISC. WRIT PETITION No. - 16285 of 2023 Petitioner :- Raju Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Omvir Singh Rajpoot Counsel for Respondent :- G.A.,Saurabh Kumar,A/S2100 Hon'ble Anjani Kumar Mishra,J. Hon'ble Arun Kumar Singh Deshwal,J.

¶1Rejoinder affidavit filed today is taken on record.

¶2Heard learned counsel for the petitioner, learned counsel for the first informant and learned A.G.A. for the State.

¶3The instant writ petition seeks quashing of the FIR dated

13.09.2023 giving rise to Case Crime No.222 of 2023, under Sections 323, 354, 452 504, 506 I.P.C., Police Station-Godha, District-Aligarh.

¶4Upon hearing learned counsel for the parties and upon a perusal of the record, we find that the submissions made on behalf of the petitioner are his defence, which cannot be looked into while dealing with a writ petition seeking quashing of a first information report.

¶5Moreover, the allegations made in the First Information Report clearly disclose commission of cognizable offences and the allegations are serious in nature. Therefore, prayer of the petitioner to quash the First Information Report is completely misconceived and is rejected.

¶6The writ petition is therefore dismissed, without prejudice to the right of the petitioners to apply for bail/anticipatory bail. Order Date :- 21.11.2023 Himanshu High Court of Judicature at Allahabad