Court No. - 44

Case :- CRIMINAL MISC. WRIT PETITION No. - 567 of 2022

Petitioner :- Gudda

Respondent :- State Of U P And 2 Others

Counsel for Petitioner :- Manoj Kumar Mishra

Counsel for Respondent :- G.A.

Hon'ble Ashwani Kumar Mishra,J.

Hon'ble Ajai Tyagi,J.

This writ has been filed with a prayer to quash the First

Information Report in Case Crime No. 098 of 2021, under

Sections 452, 323, 504, 304 IPC and 3(2)(v) SC/ST Act,

Police Station Raipura, District Chitrakoot.

Counsel for the petitioner states that the FIR has been

lodged by the complainant after a lapse of 30 days and

that merely because certain money was taken from the

petitioner, he has been falsely implicated. It is also urged

that the averment made in the police report are otherwise

absolutely false.

Learned AGA on the other hand points out that the

petitioner has already been arrested and his bail

application has also been rejected.

Be that as it may, we find from a perusal of the first

information report that pirma facie cognizable offence is

disclosed, inasmuch as, the allegation in the police report

is of hurling abuses and also causing serious injury to the

father of the complainant. Law is settled that once the first

information report discloses commissioning of cognizable

offence, the prayer for quashing of the police report cannot

be allowed.

In that view of the matter, the prayer made for quashing of

the first information report is declined. The writ petition,

accordingly, is dismissed.

Order Date :- 2.2.2022

Ranjeet Sahu