Allahabad High Court
Arnica Darius Watch Maker vs State Of U.P. And 3 Others on 18 July, 2023
Author: Anjani Kumar Mishra
Bench: Anjani Kumar Mishra
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2023:AHC:142797-DB Court No. - 43 Case :- CRIMINAL MISC. WRIT PETITION No. - 11099 of 2023 Petitioner :- Arnica Darius Watch Maker Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ram Chandra Solanki Counsel for Respondent :- G.A. Hon'ble Anjani Kumar Mishra,J.
Hon'ble Umesh Chandra Sharma,J.
Heard learned counsel for the petitioner and learned A.G.A. for the State and perused the record.
The instant petition seeks quashing of the impugned F.I.R. dated 05.09.2020 giving rise to Case Crime No. 407 of 2020, under Sections 420, 403, 417, 418, 34, 120-B IPC, Police Station Jewar, District Gautam Budh Nagar.
The contention of learned counsel for the petitioner is that he is not named in the first information report.
In our considered opinion, since, the petitioner is not named in the first information report, he has no locus to file this writ petition.
In case, his name has come to light during investigation, it is evidence which may have been collected during investigation that would not render the first information report liable to challenge.
The writ petition is therefore dismissed, without prejudice to the right of the petitioner to apply for bail/ anticipatory bail.
Order Date :- 18.7.2023 Mayank