Court No. - 34
Case :- CRIMINAL MISC. WRIT PETITION No. - 18614 of 2018 Petitioner :- Ravi @ Rinku Kesharwani And 8 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Virendra Kumar Jaiswal Counsel for Respondent :- G.A.
Hon'ble Sudhir Agarwal,J. Hon'ble Rajeev Misra,J.
1. Sri Virendra Kumar Jaiswal, Advocate, for petitioners and learned A.G.A. appearing for State are present.
2. By means of present writ petition, petitioners are seeking quashing of the first information report dated 23.06.2018, registered as Case Crime No. 309 of 2018, under Sections 498A, 323, 506, 313 I.P.C. and Section 3/4 Dowry Prohibition Act, Police Station Bhelupur, District Varanasi.
3. 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 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.
4. In view thereof, relief sought by petitioners for quashing of impugned first information report cannot be granted.
5. The writ petition is, accordingly, dismissed.
Order Date :- 26.11.2019 PS