Allahabad High Court
Arun Kumar And 4 Others vs State Of U.P. And 2 Others on 20 August, 2020
Bench: Manoj Misra, Samit Gopal
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 48 Case :- CRIMINAL MISC. WRIT PETITION No. - 7720 of 2020 Petitioner :- Arun Kumar And 4 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Suresh Kumar Gupta,Rajpal Counsel for Respondent :- G.A. Hon'ble Manoj Misra,J.
Hon'ble Samit Gopal,J.
We have heard learned counsel for the petitioners Sri Suresh Kumar Gupta over the phone as well as the learned A.G.A. and have perused the record.
The instant petition seeks quashing of the first information report dated 17.06.2020 registered as Case Crime No. 0348 of 2020, under Sections 147, 148, 149, 307, 504, 506, 427 I.P.C. and Section 7 of Criminal Law (Amendment) Act, 1932, P.S. Nawabganj, District Prayagraj.
A perusal of the FIR goes to disclose that the allegations make out commission of cognizable offence and therefore the prayer to quash the FIR cannot be accepted on the ground that the allegations are false because correctness of the allegations would have to be tested on the basis of material collected during the course of investigation and the evidence led in trial.
The petition is dismissed without prejudice to the right of the petitioners to apply for bail / anticipatory bail.
The party shall file computer generated copy of order downloaded from the official website of High Court Allahabad, self attested by it alongwith a self attested identity proof of the said person(s) (preferably Aadhar Card) mentioning the mobile number(s) to which the said Aadhar Card is linked.
The concerned Court/Authority/Official shall verify the authenticity of the computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 20.8.2020 AS Rathore