Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 24171 of 2019 Petitioner :- Sharda Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Pusp Raj Singh Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J.
Hon'ble Virendra Kumar Srivastava,J.
Learned counsel for the petitioner has filed supplementary affidavit, is taken on record.
Heard learned counsel for the petitioner; learned A.G.A. for the respondents no. 1, 2 and 3; and perused the record.
The instant petition seeks quashing of the first information report dated 5.11.2019 registered as Case Crime No. 0202 of 2019 at P.S. Girwa, District Banda, U/s 452, 354 (kha), 504, 506 I.P.C.
The allegations made in the impugned first information report clearly disclose commission of cognizable offence and the petitioner is also named in the first information report.
The contention of the learned counsel for the petitioner is that the allegations are absolutely false and have been levelled on account of old property related dispute.
Be that as it may, the correctness of the allegations are not to be tested in the Writ Jurisdiction because at this stage, allegations are to be taken on their face value to find out whether a cognizable offence is disclosed or not. As cognizable offence is disclosed by the first information report, the prayer of the petitioner to quash the first information report cannot be accepted.
The petition is dismissed without prejudice to the right of the petitioner to apply for bail or anticipatory bail, as may be advised.
Order Date :- 26.11.2019 Saurabh