Court No. - 43
Case :- CRIMINAL MISC. WRIT PETITION No. - 22038 of 2019 Petitioner :- Pradip Kumar And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ajay Kumar Singh,Ramesh Kumar Singh Counsel for Respondent :- G.A.
Hon'ble Pankaj Naqvi,J. Hon'ble Suresh Kumar Gupta,J.
Supplementary affidavit filed today, is taken on record.
Heard learned counsel for the petitioners and the learned AGA.
This petition has been filed by the petitioners with a prayer to quash the FIR dated 15.8.2019 in case crime No. 0120 of 2019 under Sections 406, 452, 323 & 506 IPC, P.S. Jahanganj, District Farrukhabad.
Learned counsel for the petitioners contended that on 9.8.2016 at about 8:30 pm victim (a petrol pump employee) husband of informant died in unnatural circumstances and at the request of police, post mortem was conducted; relevant entry was made in G.D. Entry No. 16. It is further submitted that after more than 2 years on 10.10.2018, an application under Section 156(3) Cr.P.C. was filed by the informant; on the basis of said application, the impugned FIR was lodged on 8.9.2019 which is second FIR barred by law as the first G.D. Entry No. 16 ought to have been treated as first information, no offences are made out, FIR be quashed.
Learned AGA rightly opposed the submission on the ground that first G.D. Entry was only a cryptic information which cannot be treated as FIR.
No other plea is urged.
The writ petition is dismissed.
Order Date :- 27.9.2019 AS