Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 24228 of 2019 Petitioner :- Dhananjay Singh Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Raj Karan Patel Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J.
Hon'ble Virendra Kumar Srivastava,J.
Heard learned counsel for the petitioner; learned AGA for respondents 1, 2 and 3; and perused the record.
The instant petition seeks quashing of the first information report dated 28th August, 2019 registered as Case Crime No.0257 of 2019, under Sections 419, 420, 504 and 506 IPC at Police Station Mahrajganj, District Jaunpur.
The allegations made in the impugned first information report clearly disclose commission of cognizable offence therefore the prayer of the petitioner to quash the first information report cannot be accepted.
It is well settled that the correctness of the allegations are not to be tested in the writ jurisdiction, at this stage, because the correctness of allegations would have to be tested on the basis of material collected during investigation and evidence led in trial.
The petition is dismissed without prejudice to the right of the petitioner to apply for bail as may be advised.
Order Date :- 28.11.2019. Rks.