Mahesh Chand Mishra vs State Of U.P. And 2 Others
2015 Latest Caselaw 1035 ALL

Citation : 2015 Latest Caselaw 1035 ALL
Judgement Date : 7 July, 2015

Allahabad High Court

Mahesh Chand Mishra vs State Of U.P. And 2 Others on 7 July, 2015

Bench: Sudhir Agarwal, Brijesh Kumar Srivastava-Ii




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 34
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 15864 of 2015
 

 
Petitioner :- Mahesh Chand Mishra
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Petitioner :- Madan Kumar Tiwari
 
Counsel for Respondent :- Govt.Advocate
 

 
Hon'ble Sudhir Agarwal,J.

Hon'ble Brijesh Kumar Srivastava-II,J.

1. Heard learned counsel for the petitioner and perused the record.

2. By mean of present writ petition, petitioner is seeking quashing of the first information report dated 14.4.2015, registered as Case Crime No.222 of 2015, under Sections 342, 302, 201 I.P.C., Police Station Kasganj, District Kashiram 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 petitioner 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 petitioner for quashing of impugned first information report cannot be granted.

5. The writ petition is, accordingly, dismissed.

Order Date :- 7.7.2015

Ashish Pd.