Salib @ Shalu @ Salim vs State of U. P.

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(SC) 694

B. R. GAVAI, J. B. PARDIWALA
Salib @ Shalu @ Salim – Appellant
Versus
State of U. P. – Respondent

Advocates appeared:
For the Petitioner(s): Mr. Siddhartha Dave, Sr. Adv. Mr. Mohd. Zahid Hussain, AOR Ms. Jemtiben Ao, Adv.
For the Respondent(s): Ms. Garima Prasad, Sr. Adv., A.A.G. Mr. Vishwa Pal Singh, AOR Mr. Harsh Pratap Shahi, Adv. Mr. Bharpur Singh, Adv. Mr. Ashish Pandey, Adv. Mr. Prateek Rai, Adv. Mr. Ashutosh Bhardwaj, Adv. Mr. Shashank Gusain, Adv. Mr. Shubham Saxena, Adv. Mr. Akash, Adv.

JUDGMENT :

J.B. PARDIWALA, J.

1. Leave granted.

2. This appeal is at the instance of an accused charged with the offence punishable under Section 506 of the Indian Penal Code (for short “IPC”) in connection with the First Information Report (FIR) No. 175 of 2022 dated 11.08.2022 registered with the Mirzapur Police Station, District Saharanpur, State of U.P. and is directed against the order passed by the High Court of Judicature at Allahabad dated 17.10.2022 passed in the Criminal Miscellaneous Writ Petition No. 13339 of 2022 filed by the appellant herein for quashing of the aforesaid FIR by which the High Court rejected the Writ Petition and thereby declined to quash the FIR referred to above.

3. The FIR dated 11.08.2022 lodged by the respondent No. 4 herein reads thus:

The S.H.O.

Police Station Mirzapur Paul,

District Saharanpur.

Respectfully submitted that the applicant Husna wife of Irafan resident of village Mirzapur Paul police station Mirzapur Paul, District Saharanpur had submitted an application in Mahila thana against Iqbal @ Bala and his associates being Case Crime No. 122/22 u/s 376D, 323, 120B, 452 IPC which is under investigation. Due to this reason Khursheed son of Asaga

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2023 Supreme(SC) 694

B. R. GAVAI, J. B. PARDIWALASalib @ Shalu @ Salim – AppellantVersusState of U. P. – Respondent

Cases Referred (3)

B. R. GAVAI, J. B. PARDIWALA
Salib @ Shalu @ Salim – Appellant
Versus
State of U. P. – Respondent