Shiv Das and 3 Others v. State of U.P. and 2 Others

Court No. - 43 Case :- CRIMINAL MISC. WRIT PETITION No. - 18915 of 2023 Petitioner :- Shiv Das And 3 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ram Sumer Chaudhary,Manju Lata Verma Counsel for Respondent :- G.A. Hon'ble Anjani Kumar Mishra,J. Hon'ble Arun Kumar Singh Deshwal,J.

¶1Heard learned counsel for the petitioner and learned A.G.A. for the State.

¶2The present writ petition seeking quashing of the first information report dated 02.10.2023 giving rise to Case Crime No. 0323 of 2023, under Section 498-A, 304-B I.P.C. & 3/4 D.P. Act, Police Station-Atarra, District-Banda.

¶3The F.I.R. which is sought to be quashed has been lodged under Section 304-B I.P.C., which is heinous offence.

¶4The contention of learned counsel for the petitioner is that he is not named in the first information report.

¶5In our considered opinion, since, the petitioner is not named in the first information report, he has no locus to file this writ petition.

¶6For the reasons given above, this Court is not inclined to entertain this writ petition.

¶7The petition is dismissed accordingly. Order Date :- 6.12.2023 Himanshu High Court of Judicature at Allahabad