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Arjit Singh And Another v. State Of U.p. And 3 Others

Arjit Singh And Another v. State Of U.p. And 3 Others

(High Court Of Judicature At Allahabad)

CRIMINAL MISC. WRIT PETITION No. - 20035 of 2023 | 12-01-2024

1. Heard Sri Rajesh Kumar Singh, learned counsel for the petitioner as well as Sri Ratan Singh and learned A.G.A. for the State respondents.

2. The present writ petition has been preferred with the prayer to quash the impugned First Information Report dated 3.11.2023 registered as Case Crime No. 0215 of 2023, under Sections 147, 452, 427, 323, 504, 506, 307 and 308 IPC, PS Jafarabad, District Jaunpur, and for a direction to the respondents not to arrest the petitioners in pursuance of impugned First Information Report.

3. Submission of the learned counsel for the petitioners is that petitioners are not named in the first information report, however, their names have figured during investigation. It is next submitted that from the accused side, one first information report dated 5.11.2023, registered as Case Crime No. 0218 of 2023, was also lodged under Sections 147, 323, 504, 506 and 307 IPC and therefore, the petitioners have been falsely implicated with the malafide intention.

4. Per contra, learned AGA pointed out that there is a cross version and therefore, in respect of the same incident, there can be no dispute that incident had taken place and the injuries were also suffered, which discloses cognizable offence.

5. Perusal of the impugned first information report prima facie reveals commission of cognizable offence.

6. 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 [LQ/SC/2021/2114 ;] ">AIR 2021 SC 1918 [LQ/SC/2021/2114 ;] [LQ/SC/2021/2114 ;] 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.

7. Therefore, the writ petition is dismissed.

Advocate List
  • Rajesh Kumar Singh

  • G.A.

Bench
  • HON'BLE MR. JUSTICE VIVEK KUMAR BIRLA
  • HON'BLE MR. JUSTICE DONADI RAMESH
Eq Citations
  • 2024/AHC/6572-DB
  • LQ/AllHC/2024/315
Head Note

Criminal — Quashing of FIR — Cognizable Offence — Cross-Versions — Held, law settled that in event of cross-versions, it cannot be said that no cognizable offence was committed; writ petition seeking quashing of FIR was, therefore, dismissed — IPCs. 147, 452, 427, 323, 504, 506, 307 and 308] — Constitution of India, Art. 226