Allahabad High Court
Ram Prakash Pandey @ Bhole vs State Of U.P. And 2 Others on 24 May, 2023
Author: Rahul Chaturvedi
Bench: Rahul Chaturvedi
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2023:AHC:115777-DB Court No. - 67 Case :- CRIMINAL MISC. WRIT PETITION No. - 8040 of 2023 Petitioner :- Ram Prakash Pandey @ Bhole Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Girish Chandra Shukla,Prashant Shukla Counsel for Respondent :- G.A. Hon'ble Rahul Chaturvedi,J.
Hon'ble Gajendra Kumar,J.
Heard Sri Prashant Shukla, learned counsel for the petitioner and learned AGA for the State.
This writ petition is being filed on behalf of Sri Ram Prakash Pandey@Bhole assailing the legality and validty of the FIR registered as case crime no. 105 of 2023 under Sections 147, 302, 34, 120B and 201 IPC, P.S. Industrial Area, District Prayagraj through 156(3) Cr.P.C. application.
It is contended by the counsel that in the 156(3) Cr.P.C. application the petitioner is not even named and the allegation are made against Shashikant, Rajnikant, Abhishek Shukla and Abhinav Shukla but the name of the petitioner is surfaced in the FIR lodged by Smt. Manju Mishra, respondent no.3.
In addition to many argument, it has been contended that a belated FIR has been lodged by he informant. This ground alone is not sufficient to quash the FIR.
From the material available on record, which discloses the commission of serious offence under Section 302 IPC, we are not inclined to exercise the power under Article 226 of the Constitution of India in favour of the petitioner, the writ petition is accordingly REJECTED.
It is open for the I.O. of the case to hold a professional, transparent and unbiased investigation with all promptness.
Order Date :- 24.5.2023 Abhishek Sri.