- Court
- High Court of Judicature at Allahabad
- Decided
- 6 December 2023
- Case no.
- CRLP 17042/2023
Judgment
Court No. - 43 Case :- CRIMINAL MISC. WRIT PETITION No. - 17042 of 2023 Petitioner :- Urmila Devi Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Om Prakash Singh Counsel for Respondent :- G.A. Hon'ble Anjani Kumar Mishra,J. Hon'ble Mohd. Azhar Husain Idrisi,J.
¶1Heard learned counsel for the petitioner and learned A.G.A. for the State.
¶2Challenge in the writ petition is to the first information report dated 26.8.2023 giving rise to Case Crime No. 0357 of 2023, under Sections 420, 365 IPC, Police Station Phoolpur, District Azamgarh.
¶3Initially the writ petition came up for admission, the submission raised was that the First Information Report is concocted and, therefore, the statement of the informant had not been recorded by the police under Section 161 Cr.P.C.
¶4Learned A.G.A. has submitted that the statement of the informant was recorded by the Investigating Officer on 7.9.2023 well before filing of the writ petition on 12.10.2023.
¶5The next contention of the learned counsel for the petitioner is that the petitioner is the wife of the person alleged to have been kidnapped and that he is missing since long. Several reports in this regard have been filed by the petitioner.
¶6The submissions that have been made by the learned counsel for the petitioner are the defence of the petitioner which is not liable to be taken into consideration while dealing with a writ petition seeking quashing of a first information report. Even otherwise, it is reported that her alleged husband and the son of the informant is missing and this is precisely what is alleged also in the impugned first information report.
¶7Under the circumstances, the first information report which is factually correct in material particulars cannot be quashed as it also contains ingredients of a cognizable offence.
¶8The writ petition is, therefore, dismissed, without prejudice to the right of the petitioner to apply for bail/anticipatory bail. Order Date :- 7.12.2023 M. Tarik High Court of Judicature at Allahabad
Source: High Court of Judicature at Allahabad, through the eCourts High Court services, via the Indian High Court Judgments open dataset by Dattam Labs (CC BY 4.0). Text was extracted from the official PDF and may contain conversion errors. Check the official PDF before relying on it.