Dhruv v. State of U.P. and 2 Others

Court No. - 45 Case :- CRIMINAL MISC. WRIT PETITION No. - 18081 of 2023 Petitioner :- Dhruv Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sunil Kumar Tripathi Counsel for Respondent :- G.A. Hon'ble Vivek Kumar Birla,J. Hon'ble Vinod Diwakar,J.

¶1Heard Shri Sunil Kumar Tripathi, learned counsel for the petitioner and Shri Surendra Singh, learned A.G.A for the State respondents.

¶2The relief sought in this petition is for quashing of the F.I.R. dated 03.10.2023 registered as Case Crime No. 283 of 2023, under Sections 323, 504, 506, 336 IPC, Police Station Ganga Nagar, District Meerut. Further prayer has been made not to arrest the petitioner in the aforesaid case.

¶3Submission of the learned counsel for the petitioner is that there is no allegation against the petitioner as there was no enmity between the parties, therefore, this impugned FIR has been lodged with mala fide intention only to harass the petitioner.

¶4Learned AGA opposed the prayer for quashing of the FIR, which discloses cognizable offence.

¶5From perusal of records we find that it is admitted fact that Section 307 IPC was added during investigation as such clearly such incident had taken place and serious offence under Section 307 IPC, is involved in the present case, therefore, a cognizable offence is made out. Therefore, 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.

¶6The writ petition is devoid of merit and is accordingly dismissed. Order Date :- 30.11.2023 Nitendra High Court of Judicature at Allahabad