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2022 Supreme(All) 1490

ASHWANI KUMAR MISHRA, RAJENDRA KUMAR IV
Santosh Tripathi – Appellant
Versus
State of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Raj Kumar Khanna, Ajay Kumar Singh and Amber Khanna
For the Respondent: Dr. C.P. Upadhyay, Rajeshver Mishra and Vinod Kumar Singh

Judgement Key Points

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JUDGMENT :

Ashwani Kumar Mishra, J.

This writ petition seeks to assail the First Information Report, dated 27.5.2022, registered as Case Crime No. 172 of 2022 (contained in annexure No. 1 to the writ petition), under Sections 419, 420, 467, 468, 471 IPC, Police Station Sarai Inayat, District Prayagraj, on the ground that the FIR contains false accusations and that cognizance in the matter can only be taken only upon a complaint filed by the concerned Court, by virtue of Section 195 Cr.P.C., and in its absence the lodging of FIR is an abuse of the process of law.

2. In substance, the allegation in the impugned FIR is that a previous FIR, being Case Crime No. 553 of 2020, under Sections 147, 148, 323, 504, 506, 120-B, 452 and 308 IPC, was lodged by the petitioners against the informant of the present case alleging commissioning of various offences, including an offence under Section 308 IPC. It is then alleged that in order to substantiate offence under Section 308 IPC a document in the form of a medical report has been fabricated by the petitioners during the course of investigation in Case Crime No. 553 of 2020, suggesting a fracture on the head of the informant/victim, which has been

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