Sanjeev Kumar and 5 Others v. State of U.P. and 2 Others

Court No. - 43 Case :- CRIMINAL MISC. WRIT PETITION No. - 19125 of 2023 Petitioner :- Sanjeev Kumar And 5 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Perdeep Kumar Vishnoi Counsel for Respondent :- G.A. Hon'ble Anjani Kumar Mishra,J. Hon'ble Mohd. Azhar Husain Idrisi,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

16.09.2023 giving rise to Case Crime No.335 of 2023, under Sections 147, 353, 323, 504 I.P.C. and 3(2)(Va) of SC/ST Act, Police Station-Aligarh, District-Aligarh.

¶3The argument is that all offences alleged in the first information report, carry a sentence of less than 07 years.

¶4This argument necessarily implies that the allegations made in the first information report constitute the ingredients of cognizable offence.

¶5There is no provision of law which provides that an FIR in cases carrying less than 07 years of sentence is liable to be quashed.

¶6Accordingly and since the allegations made in the First Information Report clearly disclose commission of cognizable offences, the writ petition fails and is dismissed, without prejudice to the right of the petitioners to apply for bail/anticipatory bail. Order Date :- 8.12.2023 Aditya Tripathi High Court of Judicature at Allahabad