Court No. - 34
Case :- CRIMINAL MISC. WRIT PETITION No. - 25565 of 2018 Petitioner :- Raj Kumari And Another Respondent :- State Of U.P. And And 2 Others Counsel for Petitioner :- Bharat Singh Counsel for Respondent :- G.A.,Umesh Chandra Tiwari
Hon'ble Sudhir Agarwal,J. Hon'ble Rajeev Misra,J.
1. Sri Bharat Singh, learned counsel for petitioners, learned A.G.A. for respondent- 1 & 2 and Sri Umesh Chandra Tiwari, learned counsel representing respondent no. present.
2. This writ petition under Article 226 of Constitution has been filed seeking a writ of certiorari for quashing N.C.R. dated 05.09.2018 registered as N. C. R. No. 0387 of 2018, under Section 498 I.P.C., Police Station-Gunnaur, District- Sambhal.
3. The F.I.R. in the case in hand registered under Section 155 Cr.P.C. in respect of an offence under Section 498 I.P.C., which is non-cognizable.
4. From a perusal of first information report clearly shows that allegations contained therein constitute commission of offence under Section 498 I.P.C. 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 YK