Court No. - 29
Case :- CRIMINAL MISC. WRIT PETITION No. - 5278 of 2018 Petitioner :- Malkhan @ Prem Kumar Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- S.K.Singh Yadav Counsel for Respondent :- G.A.
Hon'ble Vikram Nath,J. Hon'ble Ashok Kumar,J.
Heard learned counsel for the petitioner, learned AGA for the State.
This petition for writ is before us to quash the First Information Report dated 05.12.2016 bearing Case Crime No.1040 of 2016 pending investigation at Police Station-Kotwali, District- Fatehpur for the offence under Sections-328 and 376-D of Indian Penal Code.
Learned counsel for the petitioner submits that no case is made out against the petitioner for the offences referred in the First Information Report.
From perusal of the averment contained in the First Information Report, we do not find any just reason to quash the First Information Report as the same discloses commission of an offence cognizable that demands complete investigation. No case is made out even to stay the arrest of the petitioner.
The writ petition is, accordingly, dismissed. Order Date :- 28.2.2018 Ashutosh (Ashok Kumar,J.) (Vikram Nath,J.)