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Suman Mishra & Others vs State Of U.P. Thru. Prin. Secy. ...

High Court Of Judicature at Allahabad|10 May, 2021

JUDGMENT / ORDER

Hon'ble Manish Mathur,J.
Case is taken up through video conferencing.
Heard learned counsel for the petitioners, learned Additional Government Advocate for the State and perused the record.
The petition seeks issuance of a writ, order or direction in the nature of certiorari quashing the impugned F.I.R. dated 20.04.2021 lodged by opposite party no.5 contained in Annexure no. 1 to the writ petition which has been registered as F.I.R. No. 0067 of 2021 under Sections 147, 148, 149, 323, 352, 307, 504, 506, 286, 336 IPC & 7 Crl. Law Amendment Act 1932, in Police Station Sangipur, District Pratapgarh against the petitioners.
After hearing learned counsel for the parties and going through the records, from the perusal of the impugned F.I.R. it appears that on the basis of the allegations made therein a prima facie cognizable offence is made out against the petitioners, so the relief as claimed by the petitioners in the present petition cannot be granted under Article 226 of the Constitution of India. (See: State of Harayana and others Vs. Bhajan Lal and others, AIR 1992 SC 604; State of Bihar and another Vs. Md. Khalique and another, 2002 (1) SCC 652 and Girish Kumar Suneja Vs. Central Bureau of Investigation, (2017) 14 SCC 809.
In the result, writ petition lacks merit and is dismissed.
Order Date :- 10.5.2021 prabhat
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Title

Suman Mishra & Others vs State Of U.P. Thru. Prin. Secy. ...

Court

High Court Of Judicature at Allahabad

JudgmentDate
10 May, 2021
Judges
  • Ritu Raj Awasthi
  • Manish Mathur