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Kalamuddin vs State Of U P And Others

High Court Of Judicature at Allahabad|21 February, 2019


Court No. - 33
Case :- CRIMINAL MISC. WRIT PETITION No. - 4565 of 2019 Petitioner :- Kalamuddin Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Akhilesh Kumar Singh,Raj Kumar Singh Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J. Hon'ble Vivek Varma,J.
Heard learned counsel for the petitioner; learned AGA for the respondent nos. 1, 2 and 3; and perused the record.
The instant petition seeks quashing of the first information report dated 15.08.2018 registered as Case Crime No. 0099 of 2018, under Sections 147, 148, 149, 323, 504, 506, 336, 307 and 308 IPC, Police Station Dildarnagar, District Ghazipur.
The allegation made in the first information report discloses commission of cognizable offence. It is alleged that a large number of persons including five named accused assaulted the informant and his family members thereby causing them multiple injuries.
The case of the petitioner is that the petitioner is not named in the first information report, though, during the course of the investigation, his complicity has surfaced from the statement of the named accused. The petitioner alleges false implication.
The aforesaid aspect cannot be considered in writ jurisdiction to quash the first information report, which discloses commission of cognizable offence. It is well settled that the defence of the petitioner is not to be considered at this stage.
In view of the above, the petition is dismissed. Order Date :- 21.2.2019 Lbm/-
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Kalamuddin vs State Of U P And Others


High Court Of Judicature at Allahabad

21 February, 2019
  • Manoj Misra
  • Akhilesh Kumar Singh Raj Kumar Singh