Allahabad High Court
Kaldip @ Shiv Pratap @ Shiv Shankar vs State Of U P And 2 Others on 7 July, 2020
Bench: Sunita Agarwal, Ajit Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 34 Case :- CRIMINAL MISC. WRIT PETITION No. - 6751 of 2020 Petitioner :- Kaldip @ Shiv Pratap @ Shiv Shankar Respondent :- State Of U P And 2 Others Counsel for Petitioner :- Deependra Yadav,Jitendra Kumar Tripathi Counsel for Respondent :- G.A. Hon'ble Mrs. Sunita Agarwal,J.
Hon'ble Ajit Singh,J.
Heard learned counsel for the petitioner and learned AGA for the State-respondent.
By means of the present petition, the petitioner herein is seeking for quashing of the first information report dated 26.03.2020 registered as Case Crime No. 0043 of 2020 under Sections 354, 452, 323, 504 & 506 I.P.C., P.S.- Eka, District- Firozabad.
It is contended by learned counsel for the petitioner that the allegations in the first information report are false and the same has been lodged on account of village party-bandi for the fact that the petitioner had contested the election of gram pradhan.
Considering the allegations made in the first information report, it cannot be said that it does not disclose commission of a cognizable offence. Even otherwise, the correctness of the allegations in the first information report cannot be examined within the scope of Article 226 of the Constitution of India.
No case for interference is made out.
The writ petition is dismissed, accordingly.
Order Date :- 7.7.2020 P Kesari