Rajan Jaiswal v. State of U.P. and 2 Others

Court No. - 43 Case :- CRIMINAL MISC. WRIT PETITION No. - 17697 of 2023 Petitioner :- Rajan Jaiswal Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Mahesh Kumar Dubey Counsel for Respondent :- G.A. Hon'ble Anjani Kumar Mishra,J. Hon'ble Vivek Kumar Singh,J. Case called out in revised call of the caused list. None is present to press the petition on behalf of the petitioner. Learned AGA for the State is present. The instant petition seeks quashing of the impugned F.I.R. dated

28.05.2023 giving rise to Case Crime No. 275 of 2023, under Sections 387, 448, 504, 506 IPC, Police Station Naubasta, District Kanpur Nagar (South). Learned AGA submits that the petitioner 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 :- 9.11.2023 Bhanu High Court of Judicature at Allahabad