Allahabad High Court
Dhananjay Kumar Maurya vs State Of Up And 3 Others on 1 July, 2024
Bench: Vivek Kumar Birla, Gautam Chowdhary
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2024:AHC:106191-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 10909 of 2024 Petitioner :- Dhananjay Kumar Maurya Respondent :- State Of Up And 3 Others Counsel for Petitioner :- Mahmudul Hasan,Mansoor Ahmad Counsel for Respondent :- G.A. Hon'ble Vivek Kumar Birla,J.
Hon'ble Dr. Gautam Chowdhary,J.
1. Heard Sri Mansoor Ahmad learned counsel for the petitioner and Sri Pankaj Saxena, learned A.G.A. appearing for the State respondents.
2. This writ petition has been filed praying to quash the first information report dated 17.02.2024 registered as Case Crime No.36 of 2024, under Sections 419, 420, 467, 468, 471, 120-B I.P.C. and Section 6/10 of Uttar Pradesh Public Examination Act, 1998, P.S. Kotwali, District Gorakhpur and not to arrest the petitioner pursuant to the aforesaid FIR.
3. At the very outset, learned A.G.A. for the State has raised preliminary objection that the present petition is not maintainable, as the petitioner is not named in the F.I.R., which fact is admitted by learned counsel for the petitioner.
4. In the light of judgment of Hon'ble Apex Court passed in SLP (Criminal) No. 762 of 2020 (Hukum Chand Garg and others vs. State of U.P. and others) decided on 07.02.2022, we find that the present petition is not maintainable.
5. Present petition is accordingly dismissed as not maintainable.
Order Date :- 1.7.2024 S.Ali