Court No. - 34
Case :- CRIMINAL MISC. WRIT PETITION No. - 26623 of 2018 Petitioner :- Rachit Kumar Gupta Respondent :- State Of U.P. And 02 Others Counsel for Petitioner :- Sushil Shukla Counsel for Respondent :- G.A.,Amit Mishra
Hon'ble Sudhir Agarwal,J. Hon'ble Rajeev Misra,J.
1. Heard Sri Sushil Shukla, learned counsel for petitioner and learned A.G.A. for State of U.P. and its Authorities.
2. This writ petition under Article 226 of Constitution has been filed seeking a writ of certiorari for quashing First Information Report dated 03.09.2018 registered as Case Crime No. 698 of 2018, under Sections 498-A, 323, 504 I.P.C., Police Station Kotwali, District Bareilly.
3. Matter was referred to Mediation Centre of this Court but the same has been 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 the petitioner 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 petitioner for quashing of impugned first information report cannot be granted.
6. The writ petition is, accordingly, dismissed.
Order Date :- 27.11.2019 Siddhant Sahu