Court No. - 50
Case :- CRIMINAL MISC. WRIT PETITION No. - 16608 of 2020 Petitioner :- Jagbhan Yadav And 5 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Umesh Chandra Prajapati Counsel for Respondent :- G.A.,Tripurari Pal
Hon'ble Anjani Kumar Mishra,J. Hon'ble Shekhar Kumar Yadav,J.
Heard learned counsel for the petitioners and learned AGA for the State-respondents.
Petitioners, by means of this writ petition, seek quashing of the FIR dated 15.10.2020 registered as Case Crime No. 0494 of 2020, under Sections 147, 323, 504, 506, 427, 307 IPC, P.S. Kotwali, District Jhansi with a further prayer not to arrest the petitioners pursuant to the said FIR.
The contents of the report discloses commission of cognizable offence that demands investigation, therefore, we do not find any cogent reason to quash the first information report. The prayer for quashing the first information report is refused.
The correctness of the allegations would have to be tested on the basis of the materials collected during the course of investigation. In any case, petitioner has an alternate remedy to seek anticipatory bail. We deem it appropriate to dismiss this petition without prejudice to the right of the petitioner to apply for anticipatory bail.
The writ petition is, accordingly, dismissed.
Order Date :- 8.1.2021 RavindraKSingh