Mohit Yadav and 3 Others v. State of U.P. and 2 Others

Court No. - 43 Case :- CRIMINAL MISC. WRIT PETITION No. - 19390 of 2023 Petitioner :- Mohit Yadav And 3 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Dipak Kumar Tiwari Counsel for Respondent :- G.A.,Rajiv Kumar Tripathi 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

18.11.2023 giving rise to Case Crime No.274 of 2023, under Sections-308, 323, 504, 506 IPC, 3(1)(da), 3(1)(gha) of SC/ST Act, Police Station-Kotwali Konch, District-Jalaun.

¶3Learned AGA on the basis of instructions received has stated that there are as many as five injuries on the person of Indrapal alias Chotu Ahirwar, first injury itself is a lacerated wound scalp deep on the left parietal region. This injury is itself is in consonance with the allegation in the first information report which contains the ingredients of a cognizable offence.

¶4Under the circumstances, the first information report cannot be quashed.

¶5Accordingly, the writ petition is dismissed, without prejudice to the rights of the petitioners to apply for bail/ anticipatory bail. Order Date :- 15.12.2023 S.Chaurasia High Court of Judicature at Allahabad