Rajesh Kumar Tiwari And Ors. vs State Of U.P. Thru. Prin. Secy. ...
2018 Latest Caselaw 1977 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 9
 

 
Case :- MISC. BENCH No. - 19109 of 2018
 

 
Petitioner :- Rajesh Kumar Tiwari And Ors.
 
Respondent :- State Of U.P. Thru. Prin. Secy. Home And Ors.
 
Counsel for Petitioner :- Santosh Kumar Jha,Amit Pandey
 
Counsel for Respondent :- Govt. Advocate
 
Hon'ble Ajai Lamba,J.

Hon'ble Sanjay Harkauli,J.

1. This petition seeks issuance of a writ in the nature of Certiorari quashing F.I.R. No.161 of 2018, under Section 392 I.P.C., Police Station Kudwaar, District Sultanpur.

2. None has put in appearance for the petitioners.

3. Shri S.P.Singh, learned counsel for the respondent State has filed short counter affidavit on behalf of investigating agency in court today, which is taken on record.

In the affidavit, it has been stated that the investigation has been concluded. No evidence has been found suggesting commission of offence under Section 392 I.P.C. Chargesheet, however, has been prepared for committing offence under Sections 323, 504, 506 I.P.C.

4. In view of the fact that the chargesheet has been prepared on the basis of evidence collected in the course of investigation, no ground for quashing of the F.I.R. is made out.

5. Petition is dismissed.

Order Date :- 14.8.2018

Shukla