Allahabad High Court
Brijendra Khare vs State Of U.P. And 2 Others on 17 April, 2023
Author: Anjani Kumar Mishra
Bench: Anjani Kumar Mishra
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 46 Case :- CRIMINAL MISC. WRIT PETITION No. - 5832 of 2023 Petitioner :- Brijendra Khare Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Suresh Pratap Singh Counsel for Respondent :- G.A. Hon'ble Anjani Kumar Mishra,J.
Hon'ble Ms. Nand Prabha Shukla,J.
Heard learned counsel for the petitioner, learned counsel for the first informant and learned A.G.A. for the State.
The instant writ petition seeks quashing of the FIR dated 27.02.2023 giving rise to Case Crime No.0110 of 2023, under Sections 447, 420, 467, 468, 471, 406 I.P.C., Police Station- Mauranipur, District- Jhansi.
It is contended that the report, which is the basis of the FIR against the petitioner has been read by him in court by his official duties.
Be that as it may, the allegation in the FIR that the report submitted by the petitioner is false and fabricated. This can only be determined during investigation or during trial.
Moreover, the allegations made in the First Information Report clearly disclose commission of cognizable offences and the allegations are serious in nature. Therefore, prayer of the petitioner to quash the First Information Report is completely misconceived and is rejected.
The writ petition is therefore dismissed, without prejudice to the right of the petitioners to apply for bail/anticipatory bail.
Order Date :- 17.4.2023 Mayank