- Court
- High Court of Judicature at Allahabad
- Decided
- 13 December 2023
- Case no.
- CRLP 18261/2023
Judgment
Court No. - 45 Case :- CRIMINAL MISC. WRIT PETITION No. - 18261 of 2023 Petitioner :- Ankil @ Nikhil And 3 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Dharmendra Kumar Patel Counsel for Respondent :- G.A. Hon'ble Vivek Kumar Birla,J. Hon'ble Vinod Diwakar,J.
¶1Heard Shri Dharmendra Kumar Patel, learned counsel for the petitioners and Shri Virendra Kumar Pal, learned A.G.A for the State respondents.
¶2The relief sought in this petition is for quashing of the F.I.R. dated 27.09.2023 registered as Case Crime No. 266 of 2023 under Sections 307, 506 IPC, Police Station Narsaina District Bulandshahar. Further prayer has been made not to arrest the petitioner in the aforesaid case.
¶3Submission of the learned counsel for the petitioner is that the allegations levelled against the petitioners are baseless and absolutely mala fide in nature as there has been a delay of lodging of the impugned FIR. It is further submitted that it is a case of no injury and several persons have been roped in only on the basis of general allegations.
¶4Learned AGA opposed the prayer for quashing of the FIR and on instructions submits that there are injuries on the person of the informant and a cognizable offence is made out.
¶5We find substance in the argument of learned AGA. Perusal of the impugned first information report prima facie reveals commission of cognizable offence. Therefore, in view of the law laid down by Hon'ble Supreme Court in the case of State of Haryana and others vs. Bhajan Lal and others, 1992 Supp. (1) SCC 335 and M/s Neeharika Infrastructure Pvt. Ltd. vs. State of Maharashtra, AIR 2021 SC 1918 and in Special Leave to Appeal (Crl.) No.3262/2021 (Leelavati Devi @ Leelawati & another vs. the State of Uttar Pradesh) decided on 07.10.2021, no case has been made out for interference with the impugned first information report.
¶6The writ petition is devoid of merit and is accordingly dismissed. Order Date :- 14.12.2023 Nitendra High Court of Judicature at Allahabad
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