Sumanesh Kumar and 2 Others v. State of U.P. and 3 Others

Court No. - 45 Case :- CRIMINAL MISC. WRIT PETITION No. - 18577 of 2023 Petitioner :- Sumanesh Kumar And 2 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Amarendra Mani Counsel for Respondent :- G.A. Hon'ble Vivek Kumar Birla,J. Hon'ble Vinod Diwakar,J.

¶1List of fresh cases has been revised. No one is present to press the petition.

¶2The relief sought in this petition is for quashing of the F.I.R. dated 30.04.2023, registered as Case Crime No. 0312 of 2023, under Sections 147, 148, 149, 323, 307, 504, 506 I.P.C., Police Station Kotwali Nagar, District Etah. Further prayer has been made not to arrest the petitioners in the aforesaid case.

¶3On perusal of record, we find that allegedly firearm was used during incident and injury was caused with iron rod, we prima facie find that commission of a cognizable is made out.

¶4Therefore, 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.

¶5The writ petition is dismissed. Order Date :- 30.11.2023 Shafique High Court of Judicature at Allahabad