Court No. - 34
Case :- CRIMINAL MISC. WRIT PETITION No. - 26300 of 2018 Petitioner :- Sarvendra Kumar And 5 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Mahendra Pratap Singh,Shiv Naresh Counsel for Respondent :- G.A.,Devendra Kumar Yadav
Hon'ble Sudhir Agarwal,J. Hon'ble Rajeev Misra,J.
1. Heard Sri Shiv Naresh, learned counsel for petitioners, learned A.G.A. for respondents.
2. This writ petition under Article 226 of Constitution has been filed seeking a writ of certiorari for quashing First Information Report dated 29.8.2018 registered as Case Crime No. 174 of 2018, under Sections 323, 506, 498-A, 313, 494 I.P.C. and 3/4 of Dowry Prohibition Act, 1961, Police Station Barla, District Aligarh.
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 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 Arshad