Satyendra Singh And 2 Others v. State Of U.p. And 3 Others

Satyendra Singh And 2 Others v. State Of U.p. And 3 Others

(High Court Of Judicature At Allahabad)

CRIMINAL MISC. WRIT PETITION No. - 20567 of 2022 | 13-01-2023

1. Heard learned counsel for the petitioner and learned AGA for the State.

2. The instant petition seeks quashing of the impugned F.I.R. dated 21.12.2022 giving rise to Case Crime No. 441 of 2022, under Sections 147, 323, 504, 506, 384 IPC, Police Station Civil Lines, District Etawah.

3. The contention of learned counsel for the petitioner is that prima facie ground on which, the impugned first information report is sought to be quashed is a plea of alibi, which is stated that the person was not present on the spot at the time of the alleged incident.

4. It is settled law that while dealing with a writ petition seeking quashing of a first information report, the court cannot consider the defense of the accused. It is only the allegations in the first information report, which are relevant at this stage.

5. Since, the allegations contains ingredient of a cognizable offence, the first information report cannot be quashed. For the same reason, the relief prayed for cannot be granted.

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

Advocate List
Bench
  • HON'BLE JUSTICE ANJANI KUMAR MISHRA
  • HON'BLE JUSTICE GAJENDRA KUMAR
Eq Citations
  • LQ
  • LQ/AllHC/2023/361
Head Note

Penal Code, 1860 — Ss. 147, 323, 504, 506, 384 — Criminal law — Quashing of FIR — Alibi plea — Admissibility — Held, while dealing with a writ petition seeking quashing of a first information report, the court cannot consider the defense of the accused — It is only the allegations in the first information report, which are relevant at this stage — Since, the allegations contains ingredient of a cognizable offence, the first information report cannot be quashed — Writ petition dismissed, without prejudice to the right of the petitioner to apply for bail/ anticipatory bail — Constitution of India, Art. 226