Court No. - 29
Case :- CRIMINAL MISC. WRIT PETITION No. - 7850 of 2018 Petitioner :- Nate @ Mohd. Lukman Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- A.C.Tiwari(Ac),Ajai Kumar Srivastava Counsel for Respondent :- G.A.,Surendra Kumar Chaubey,Tapeshwari Prasad
Hon'ble Govind Mathur,J. Hon'ble Ashok Kumar,J.
Heard Sri A.C. Tiwari, learned counsel for the petitioner, Sri Surendra Kumar Chaubey, learned counsel for respondent no. 4, learned AGA for the respondents-State and perused the record.
This petition for writ under Article 226 of Constitution of India is preferred with a prayer to quash the first information report bearing Case Crime No. 0258 of 2018 pending investigation at Police Station Dhumanganj, District Allahabad pertaining to offence punishable under Sections 147, 148, 149, 427, 307 IPC and 7 Criminal Law Amendment Act, 1972 Learned counsel for the petitioner submits that no case is made out against the petitioner with regard to allegations contained in the first information report.
A perusal of the first information report discloses commission of an offence cognizable that certainly demands investigation.
Having considered the facts stated in the first information report, we do not find any just reason to quash the same as that discloses prima facie commission of an offence cognizable. The writ petition is dismissed accordingly.
Order Date :- 30.3.2018 Shubham .
(Ashok Kumar,J.) (Govind Mathur,J.)