Court No. - 34
Case :- CRIMINAL MISC. WRIT PETITION No. - 27043 of 2018 Petitioner :- Arif And 5 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Dinesh Kumar Singh Counsel for Respondent :- G.A.,Kuldeep Singh Tomar
Hon'ble Sudhir Agarwal,J. Hon'ble Rajeev Misra,J.
1. Heard Sri Dinesh Kumar Singh, learned counsel for petitioners and learned A.G.A. for respondents.
2. This writ petition under Article 226 of Constitution has been filed seeking a writ of certiorari for quashing First Information Report dated 09.09.2018 registered as Case Crime No. 0278 of 2018, under Sections 498-A, 376, 323, 504, 506, 354, 377 I.P.C., Police Station Garhi Pukhta, District Shamli.
3. It is stated that this matter was referred to mediation but the same has failed.
4. From a perusal of first information report and taking the allegations contained therein to be true, it cannot be said that commission of a cognizable offence is not made out. Despite repeated query, learned counsel for petitioners also could not show that no offence whatsoever has been made out in the aforesaid first information report. Therefore, question of its quashing in the limited scope of judicial review in writ petition under Article 226 of the Constitution does not arise.
5. In view thereof, relief sought by petitioners for quashing of impugned first information report cannot be granted.
6. The writ petition is, accordingly, dismissed.
Order Date :- 26.11.2019 Prajapati