Sanjay Verma And Another vs State Of U.P. And 3 Ors
2015 Latest Caselaw 1034 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 34
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 15912 of 2015
 

 
Petitioner :- Sanjay Verma And Another
 
Respondent :- State Of U.P. And 3 Ors
 
Counsel for Petitioner :- A.K. Ojha
 
Counsel for Respondent :- Govt.Advocate,Suresh C. Dwivedi
 

 
Hon'ble Sudhir Agarwal,J.

Hon'ble Brijesh Kumar Srivastava-II,J.

1. Sri V.C.Mishra, learned senior Advocate assisted by Sri A.K.Ojha, learned counsel for the petitioners contended that there is no evidence to support the allegations of First Information Report and on that basis, there cannot be any result oriented prosecution of the petitioners, therefore, the F.I.R. in question is liable to be quashed. He submitted that the allegations contained in the report are forged, illegal and only to harass the petitioners.

2. However, when queried, he could not dispute  that if the allegations contained in F.I.R. are taken to be true on its face, the same do disclose commission of a cognizable offence and that being so we are clearly of the view that in exercise of jurisdiction under Article 226 of the Constitution of India, the F.I.R. in question cannot be quashed in view of the law laid down by the Apex Court in the case of State of Haryana and Others vs. Ch. Bhajan Lal and Others, AIR SC. 604.

3. He then proceeded to make further arguments on the merits of the matter but when enquired by the Court, whether he require us to enter into the merits of  allegations and discuss the same at this stage, learned counsel for the petitioners fairly stated that  merits may not be discussed else it may prejudice the parties in investigation and withdrew his submissions.

4. In view of above, the writ petition is dismissed.

5. Sri M.C. Chaturvedi, learned counsel appeared on behalf of complainant-respondent no.4.

Order Date :- 7.7.2015

Ashish Pd.