Hifzur Rahman v. State of U.P. and 3 Others

Court No. - 43 Case :- CRIMINAL MISC. WRIT PETITION No. - 19043 of 2023 Petitioner :- Hifzur Rahman Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Anand Pratap Singh Counsel for Respondent :- G.A. Hon'ble Anjani Kumar Mishra,J. Hon'ble Mohd. Azhar Husain Idrisi,J. Heard learned counsel for the petitioner, Sri Adil Jamal, learned counsel who has put in appearance on behalf of the opposite party no. 4 and the learned A.G.A. for the State. The instant writ petition seeks quashing of the FIR dated

26.10.2023 giving rise to Case Crime No. 415 of 2023, under Sections 419, 420, 467, 468, 471 IPC, Police Station Manjhanpur, District Kaushambi. Upon hearing learned counsel for the parties and upon a perusal of the record, we find that the submissions made on behalf of the petitioner are his defence, which cannot be looked into while dealing with a writ petition seeking quashing of a first information report. Moreover, 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 petitioner to quash the First Information Report is completely misconceived and is rejected. The writ petition is therefore dismissed, without prejudice to the right of the petitioners to apply for bail/anticipatory bail. Order Date :- 7.12.2023 M. Tarik High Court of Judicature at Allahabad