Allahabad High Court
Netrapal Singh And Another vs State Of U.P. And 3 Others on 14 December, 2020
Bench: Manoj Misra, Sanjay Kumar Pachori
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 48 Case :- CRIMINAL MISC. WRIT PETITION No. - 14701 of 2020 Petitioner :- Netrapal Singh And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sarvesh Kumar Counsel for Respondent :- G.A. Hon'ble Manoj Misra,J.
Hon'ble Sanjay Kumar Pachori,J.
Heard learned counsel for the petitioners; learned A.G.A. for the respondents 1, 2 and 3; and perused the record.
The instant petition seeks quashing of the first information report dated 04.10.2020 registered as Case Crime No.724 of 2020, under Sections 354 (kha), 323, 504 and 506 IPC, P.S. Rasulabad, District Ramabai Nagar.
The contention of learned counsel for the petitioners is that the impugned first information report although disclose commission of cognizable offence but the allegations are false and the petitioners' side had made a report earlier.
Whether the allegations are true or false would have to be determined on the basis of material collected during the course of investigation and the evidence led in trial, but since the allegations disclose commission of cognizable offence, the prayer of the petitioners to quash the first information report cannot be accepted, at this stage.
The petition is dismissed without prejudice to the right of the petitioners to apply for bail/anticipatory bail, as may be advised.
Order Date :- 14.12.2020.
Rks.