Are you looking for a legal research tool ?
Get Started
Do check other products like LIBIL, a legal due diligence tool to get a litigation check report and Case Management tool to monitor and collaborate on cases.

Nadeem Khan v. State Of U.p. And 2 Others

Nadeem Khan v. State Of U.p. And 2 Others

(High Court Of Judicature At Allahabad)

CRIMINAL MISC. WRIT PETITION No. - 16397 of 2023 | 06-11-2023

1. Heard learned counsel for the petitioner, learned counsel for the first informant and learned A.G.A. for the State.

2. The instant writ petition seeks quashing of the FIR dated 30.09.2023 giving rise to Case Crime No.525 of 2023, under Sections 147, 148, 149, 186, 353, 427, 504, 506 I.P.C. and Section 7 of Criminal Law Amendment Act, Police Station- Pooranpur, District- Pilibhit.

3. It is contended by the learned counsel for the petitioner that the first information report is fabricated and that the place of occurrence has also been changed.

4. Upon hearing learned counsel for the parties and upon a perusal of the record, we find that the submissions made on behalf of the petitioner are his defence, which cannot be looked into while dealing with a writ petition seeking quashing of a first information report.

5. Moreover, the allegations made in the First Information Report clearly disclose commission of cognizable offences and the allegations are serious in nature. Therefore, prayer of the petitioner to quash the First Information Report is completely misconceived and is rejected.

6. The writ petition is therefore dismissed, without prejudice to the right of the petitioners to apply for bail/anticipatory bail.

Advocate List

  • Suneel Kumar

  • G.A.

Bench
  • HON'BLE MR. JUSTICE ANJANI KUMAR MISHRA
  • HON'BLE MR. JUSTICE VIVEK KUMAR SINGH
Eq Citations
  • 2023/AHC/212446-DB
  • LQ/AllHC/2023/7872
Head Note

Criminal Procedure Code, 1973 — S. 482 — Quashing of FIR — Propriety of — Held, submissions made on behalf of petitioner are his defence, which cannot be looked into while dealing with a writ petition seeking quashing of a first information report — Moreover, allegations made in FIR clearly disclose commission of cognizable offences and are serious in nature — Writ petition dismissed