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Shivanshu Awasthi And 3 Others vs State Of U.P. And 3 Others on 26 November, 2019

HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. – 34

Case :- CRIMINAL MISC. WRIT PETITION No. – 25244 of 2018

Petitioner :- Shivanshu Awasthi And 3 Others

Respondent :- State Of U.P. And 3 Others

Counsel for Petitioner :- Akhil Kumar Shukla

Counsel for Respondent :- G.A.,Arvind Kumar Trivedi

Hon’ble Sudhir Agarwal,J.

Hon’ble Rajeev Misra,J.

1. Heard Mr. Akhil Kumar Shukla, learned counsel for petitioners, learned A.G.A. and Mr. Arvind Kumar Trivedi, learned counsel for respondents.

2. This writ petition under SectionArticle 226 of Constitution has been filed seeking a writ of certiorari for quashing First Information Report dated 28.8.2018 registered as Case Crime No.0264 of 2018, under Sections 498A, Section323, Section504, Section506, Section342 I.P.C. Police Station Kakadev, District-Kanpur Nagar.

3. It is stated that this matter was referred to mediation but the same has failed.

4. 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 SectionArticle 226 of the Constitution does not arise.

5. In view thereof, relief sought by petitioners for quashing of impugned first information report cannot be granted.

6. The writ petition is, accordingly, dismissed.

Order Date :- 26.11.2019

Arshad

 

 

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