- Court
- High Court of Judicature at Allahabad
- Decided
- 21 November 2023
- Case no.
- CRLP 17761/2023
Judgment
Court No. - 45 Case :- CRIMINAL MISC. WRIT PETITION No. - 17761 of 2023 Petitioner :- Mukesh Mishra And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sanjeev Kumar Yadav Counsel for Respondent :- G.A.,Brijesh Kumar Mishra Hon'ble Vivek Kumar Birla,J. Hon'ble Vinod Diwakar,J.
¶1Heard Shri Sanjeev Kumar Yadav, learned counsel for the petitioners, Shri Brijesh Kumar Mishra, learned counsel for the informant and Shri Ratan Singh, learned A.G.A for the State respondents.
¶2The relief sought in this petition is for quashing of the F.I.R. dated 11.10.2023, registered as Case Crime No. 302 of 2023, under Sections 302, 120-B, 504, 506 I.P.C., Police Station Khukhundu, District Deoria. Further prayer has been made not to arrest the petitioners in the aforesaid case.
¶3Submission of learned counsel for the petitioners is that petitioners have been falsely implicated in this case due to previous rivalry. It is further submitted that there is no credible evidence available on record.
¶4Per contra, learned A.G.A. opposed the prayer.
¶5On perusal of record, we find that it is a case of murder and driver has already been arrested and learned counsel for the informant submits that as per CDR, the communication between them is established and both the petitioners have criminal history as well. Perusal of the impugned First Information Report prima facie reveals commission of a 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.
¶7The writ petition is dismissed. Order Date :- 22.11.2023 Shafique 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.