Asim and 2 Others v. State of U.P. and 3 Others

Court No. - 43 Case :- CRIMINAL MISC. WRIT PETITION No. - 19209 of 2023 Petitioner :- Asim And 2 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Zafar Abbas,Imtiaz Husain Counsel for Respondent :- G.A. Hon'ble Anjani Kumar Mishra,J. Hon'ble Arun Kumar Singh Deshwal,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

26.07.2023 giving rise to Case Crime No.636 of 2023, under Sections-147, 332, 353, 307, 34 I.P.C., Police Station-Civil Lines, Distric-Moradabad.

¶3Perusal of the first information report shows that it had been lodged against unknown persons.

¶4In our considered opinion, since, the petitioners are not named in the first information report, they have no locus to file this writ petition.

¶5In case, their name has come to light during investigation, it is evidence which may have been collected during investigation that would not render the first information report liable to challenge.

¶6Under the circumstances, the first information report cannot be quashed.

¶7The writ petition is therefore without merit and is dismissed, without prejudice to the rights of the petitioners to apply for bail/ anticipatory bail. Order Date :- 11.12.2023 S.Chaurasia High Court of Judicature at Allahabad