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

Court No. - 46 Case :- CRIMINAL MISC. WRIT PETITION No. - 19015 of 2023 Petitioner :- Ashok Kumar And 3 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Shobhit Yadav,Avinash Kumar Chaubey Counsel for Respondent :- G.A. Hon'ble Ashwani Kumar Mishra,J. Hon'ble Syed Aftab Husain Rizvi,J. Heard learned counsel for the petitioners and learned AGA for the State. This writ petition has been filed with the prayer to quash the First Information Report, registered as Case Crime No. 72 of 2023, under Sections 308, 323, 324, 504 IPC, Police Station Basai Arela, Purvi Commissionerate, District Agra. Prima facie allegations with regard to commissioning of cognizable offence are disclosed. Injury report is otherwise not on record. Offences alleged against the petitioners are under Sections 308 and 324 IPC. Since the First Information Report, prima facie, discloses commissioning of cognizable offence, the prayer made to quash the First Information Report is, therefore, declined in view of the law laid down by the Supreme Court in the case of State of Telangana Vs. Habib Abdullah Jellani,

(2017) 2 SCC 779, as also in the case of Neeharika Infrastructure Pvt. Ltd. Vs. State of Maharashtra and Others,

(2021) SCC Online SC 315. Writ petition, accordingly, is dismissed. Order Date :- 7.12.2023 Anil High Court of Judicature at Allahabad