Court No. - 29
Case :- CRIMINAL MISC. WRIT PETITION No. - 7403 of 2018 Petitioner :- Nandesh Yadav @ Nandeshwar Prasad Yadav And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- K.S. Ojha Counsel for Respondent :- G.A.
Hon'ble Govind Mathur,J. Hon'ble Ashok Kumar,J.
Heard learned counsel for the petitioners, learned AGA for the respondents-State and perused the record.
This petition for writ under Article 226 of the Constitution of India is preferred with a prayer to quash the first information report dated 22.2.2018 bearing Case Crime No.26 of 2018 pending investigation at Police Station Obra, District Sonbhadra pertaining to offence punishable under Sections 147, 323, 452, 504 IPC and Section 3(2)(v) of SC/ST Act, 1989..
Learned counsel for the petitioners submit that no case is made out against the petitioners for the offences referred in the first information report.
Having considered the averments contained in the first information report, we do not find any justifiable reason to interfere with the same. The contents of the first information report discloses the allegations pertaining to commission of serious offence cognizable and that in no manner warrants interference under Article 226 of the Constitution of India. Further no case for staying the arrest of the petitioners too is made out.
The writ petition is dismissed.
Order Date :- 27.3.2018 Bhaskar (Ashok Kumar, J.) (Govind Mathur, J.)