HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 34 Case :- CRIMINAL MISC. WRIT PETITION No. - 15914 of 2015 Petitioner :- Mustaq And 14 Ors Respondent :- State Of U.P. And 2 Ors Counsel for Petitioner :- Rajendra Singh Counsel for Respondent :- Govt.Advocate,Bimal Prasad Hon'ble Sudhir Agarwal,J.
Hon'ble Brijesh Kumar Srivastava-II,J.
1. Called in revised. None appeared to press this petition. In the circumstances, I myself have perused the record.
2. By mean of present writ petition, petitioners are seeking quashing of the first information report dated 20.6.2015, registered as Case Crime No. 57 of 2015 under Sections 147, 148, 149, 427, 379, 354, 452, 392, 504 I.P.C., Police Station Shahabganj, District Chandauli.
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 the 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.
6. Sri Bimal Prasad, learned counsel is present on behalf of the claimant-respndent.
Order Date :- 7.7.2015 Ashish Pd.