Court No. - 21
Case :- CRIMINAL MISC. WRIT PETITION No. - 2918 of 2021 Petitioner :- Sachin Jain Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sushil Kumar Pandey Counsel for Respondent :- G.A.,Satyavrat Sahai,Sunil Dutt Kautilya,Umesh Kumar Gupta
Hon'ble Dr. Kaushal Jayendra Thaker,J. Hon'ble Ajit Singh,J.
Heard learned counsel for the petitioner and learned A.G.A.
This writ petition has been filed with a prayer in the nature of certiorari calling for the record and to quash the impugned first information report dated 10.03.2021 in Case Crime No.76 of 201, under Sections 499, 500, 504, 506 I.P.C., Police Station Shahpur, district Muzaffar Nagar. Further prayers is that to issue a writ, order or direction in the nature of mandamus commanding the respondent no.2 not to arrest or harass the petitioner in pursuance to impugned first information report dated 10.03.2021 in Case Crime No.76 of 2021, under Sections 499, 500, 504, 506 I.P.C., Police Station Shahpur, district Muzaffar Nagar.
The writ petition has been filed by the person who uses abusive language against the complainant. It has been submitted by learned counsel for the petitioner that a complaint case would be lodge-able and no first information report.
We are not unable to accept this argument. The prosecution version in the first information report can not be said to be such which does not disclose any prima-facie cognizable offence against the accused.
We can not ambush the investigation at this stage.
This writ petition challenges the lodgement of the first information report as being abuse of process of law can not be entertained.
The prayer prayed for can not be granted.
Order Date :- 10.5.2021 R./