Mohd. Gaus v. State of U.P. and 2 Others

Court No. - 43 Case :- CRIMINAL MISC. WRIT PETITION No. - 18474 of 2023 Petitioner :- Mohd. Gaus Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Atul Srivastava,Mohd. Farooq Counsel for Respondent :- G.A.,Danish Haidar,Mahmudul Hasan Hon'ble Anjani Kumar Mishra,J. Hon'ble Arun Kumar Singh Deshwal,J.

¶1Heard learned counsel for the petitioner and learned A.G.A. for the State and perused the record.

¶2The instant petition seeks quashing of the impugned F.I.R. dated

27.06.2023 giving rise to Case Crime No. 127 of 2023, under Sections 498-A, 323, 504, 342 IPC and Section3/4 of D.P. Act, Police Station Khuldabad, District Prayagraj.

¶3The contention of learned counsel for the petitioner is that he is not named in the first information report.

¶4In our considered opinion, since, the petitioner is not named in the first information report, he has no locus to file this writ petition.

¶5In 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.

¶6The writ petition is therefore dismissed, without prejudice to the right of the petitioner to apply for bail/ anticipatory bail. Order Date :- 11.12.2023 Anjali High Court of Judicature at Allahabad