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Mohd. Haroon & Anr. vs State Of U.P. Thru. Prin. Secy. … on 6 September, 2019


?Court No. – 3

Case :- MISC. BENCH No. – 24296 of 2019

Petitioner :- Mohd. Haroon Anr.

Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. Ors.

Counsel for Petitioner :- Deo Raj Singh

Counsel for Respondent :- G.A.

Hon’ble Anil Kumar,J.

Hon’ble Saurabh Lavania,J.

Heard learned counsel for the petitioners and learned A.G.A.

The petition seeks issuance of a writ in the nature of certiorari quashing First Information Report dated 06.08.2019 bearing Case Crime No.930/2019, under Sections-376D/498A SectionI.P.C. and 3/4 of D.P. Act at Police Station-Kotwali Sadar, District-Lakhimpur Kheri, lodged by opposite party no.4.

After hearing learned counsel for the parties and going through the record, 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 SectionArticle 226 of the Constitution of India. (See Guru Bux Singh Vs. State of Punjab, 1980 SC 1632, Bihari Vs. Md. Khaliq, 2002 (1) SCC 652 and Ajai Mitra Vs. State of M.P., 2003 SC 1069).

In the result, writ petition lacks merit and is dismissed.

Order Date :- 6.9.2019




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