HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 34 Case :- CRIMINAL MISC. WRIT PETITION No. - 16201 of 2015 Petitioner :- Smt. Induwati And 3 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- S.P. Mishra Counsel for Respondent :- Govt.Advocate Hon'ble Sudhir Agarwal,J.
Hon'ble Brijesh Kumar Srivastava-II,J.
1. Heard learned counsel for the petitioners and perused the record.
2. By mean of present writ petition, petitioners are seeking quashing of the first information report dated 9.4.2015, registered as Case Crime No. 43 of 2015 under Sections 498A, 323, 377, 506 I.P.C. & 3/4 D.P.Act, Police Station Mahila Thana, District J.P.Nagar.
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.
Order Date :- 8.7.2015 Ashish Pd.