Court No. - 34
Case :- CRIMINAL MISC. WRIT PETITION No. - 26905 of 2018 Petitioner :- Mohd Jeeshan And Another Respondent :- State Of U.P. And 02 Others Counsel for Petitioner :- Ajay Kumar Counsel for Respondent :- G.A.
Hon'ble Sudhir Agarwal,J. Hon'ble Rajeev Misra,J.
1. Heard Sri Ajay Kumar, 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 10.09.2018 registered as Case Crime No. 1027 of 2018, under Sections 498-A, 354, 323, 504, 506 I.P.C. and 3/4 D.P. Act, Police Station Kalyanpur, District Kanpur Nagar.
3. It is stated that this matter was referred to mediation but the same has failed.
4. 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.
5. In view thereof, relief sought by petitioners for quashing of impugned first information report cannot be granted.
6. The writ petition is, accordingly, dismissed.
Order Date :- 26.11.2019 Prajapati