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RAMESH SINHA, RENU AGARWAL
Mamta Pandey – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
1. Heard Shri Amarendra Kumar Bajpai, learned counsel for the petitioners, Dr. Pooja Singh, learned Counsel for the complainant/private respondent No. 4 and Shri Arunendra, learned Additional Government Advocate for the State-respondents.
2. Initially, the instant writ petition has been filed for the following reliefs:
(ii) To issue a writ direction or order in the nature of mandamus commanding the opposite parties not to arrest the petitioners on the basis of impugned First Information Report No. 0591 of 2021 dated 27.8.2021 under Sections 34, 302, 498-A and 504 IPC, in police station Gomtinagar, District Lucknow, contained as Annexure 1 to this writ petition.
(iii) To issue any other order which this Hon'ble Court deems fit in the circumstances of the case.
(iv) To allow the writ petition with cost.”
3. From perusal of the order sheet of the case, it transpires that on 6.9.2021, after hearing le
An FIR cannot be quashed as a second FIR if it follows an initial report of death, and the court cannot intervene post cognizance without pending matters.
Criminal proceedings can be quashed when based on unsubstantiated allegations, especially in cases of inordinate delay in the investigation, which infringes on the right to a speedy trial.
A second writ petition challenging the same FIR is not maintainable without permission from the Supreme Court, and procedural lapses in the preparation of gang charts do not automatically invalidate ....
It surprises us in the extreme that the High Court thought that in the exercise of its inherent powers under Section 482 of the Code of Criminal Procedure, it could quash a first information report. ....
The investigating agency cannot be restrained from investigating the FIR if it prima facie discloses the commission of a cognizable offence.
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