Mithilesh Kumar v. State of U.P. and 2 Others

Court No. - 43 Case :- CRIMINAL MISC. WRIT PETITION No. - 19201 of 2023 Petitioner :- Mithilesh Kumar Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Mohd. Shahibe Alam Counsel for Respondent :- G.A. Hon'ble Anjani Kumar Mishra,J. Hon'ble Arun Kumar Singh Deshwal,J. Heard learned counsel for the petitioner and learned A.G.A. for the State and perused the record. The instant petition seeks quashing of the impugned F.I.R. dated

08.09.2023 giving rise to Case Crime No. 104 of 2023, under Section 379 IPC, Police Station Raipura, District Chitrakoot. The contention of learned counsel for the petitioner is that he is not named in the first information report. In our considered opinion, since, the petitioner is not named in the first information report, he has no locus to file this writ petition. In case, his 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. The writ petition is, therefore, dismissed without prejudice to the right of the petitioner to apply for bail/ anticipatory bail. Order Date :- 11.12.2023 A.Kr. High Court of Judicature at Allahabad