Court No. - 34
Case :- CRIMINAL MISC. WRIT PETITION No. - 24746 of 2018 Petitioner :- Arun Singh And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Shiv Shankar Pd Gupta,Girijesh Kumar Gupta Counsel for Respondent :- G.A.,Avnish Kumar Srivastava,Bhavya Sahai,Neeraj Srivastava,Santosh Kumar Mishra
Hon'ble Sudhir Agarwal,J. Hon'ble Rajeev Misra,J.
1. Heard Sri D.K. Gupta, 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 24.8.2018 registered as Case Crime No. 551 of 2018, under Sections 498-
A, 323, 352, 307 I.P.C. and 3/4 of Dowry Prohibition Act, 1961, Police Station Partapur, District Meerut.
3. 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.
4. In view thereof, relief sought by petitioners for quashing of impugned first information report cannot be granted.
5. The writ petition is, accordingly, dismissed.
Order Date :- 26.11.2019 Arshad