Sudha Singh and 2 Others v. State of U.P. and 3 Others

Court No. - 43 Case :- CRIMINAL MISC. WRIT PETITION No. - 18894 of 2023 Petitioner :- Sudha Singh And 2 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Pankaj Kumar Ojha Counsel for Respondent :- G.A. Hon'ble Anjani Kumar Mishra,J. Hon'ble Arun Kumar Singh Deshwal,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

07.11.2023 giving rise to Case Crime No. 0188 of 2023, under Sections 452, 323, 354(kha), 504 I.P.C., Police Station-Rajatalab, District-Commissionerate Varanasi.

¶3The contention of counsel for the petitioners is that instant impugned FIR is belated by nine days and is a counterblast to the First Information Report lodged by the petitioners. It is also stated that there are more persons injured on the side of the petitioners.

¶4Learned AGA has pointed out that the two FIRs are in fact cross cases. Since, date, place and time of occurrence matches in both the First Information Reports.

¶5Since, both the parties have lodged First Information Reports regarding the same alleged occurrence, it cannot be said that either of the First Information Reports is completely concocted or fabricated. In fact, the inference is that some incidents has, in fact, taken place.

¶3Upon hearing learned counsel for the parties and upon a perusal of the record, we find that the submissions made on behalf of the petitioners are his defence, which cannot be looked into while dealing with a writ petition seeking quashing of a first information report.

¶4Moreover, 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 petitioners to quash the First Information Report is completely misconceived and is rejected.

¶5The writ petition is therefore dismissed, without prejudice to the right of the petitioners to apply for bail/anticipatory bail. Order Date :- 5.12.2023 Anjali High Court of Judicature at Allahabad