Sanjay And 2 Others vs State Of U.P. And 2 Others
2022 Latest Caselaw 5339 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 2
 
Case :- CRIMINAL MISC. WRIT PETITION No. - 7688 of 2022
 
Petitioner :- Sanjay And 2 Others
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Petitioner :- Hari Nath Chaubey
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Dr. Kaushal Jayendra Thaker,J.

Hon'ble Gautam Chowdhary,J.

Heard Sri Hari Nath Chaubey, learned counsel for the petitioners and learned AGA for the State.

By way of this petition, the petitioners pray for quashment of the First Information Report dated 7.10.2021 registered as Case Crime No.220 of 2021, under Sections 323, 504, 325 IPC, Police Station Sikandra, District Kanpur Dehat and / or a direction upon the police authority concerned not to arrest the petitioners pursuant to the aforesaid FIR.

It is stated by learned counsel for the petitioners that the FIR was lodged on 31.5.2021 at 14:00 hours alleging that the petitioners have beaten informant namely Jai Kishan, wife of Seema and son of Anubhav. Learned counsel further submits that the distance of police station is only 7 km. but the FIR was lodged after twenty four days without assigning any reason of delay.

The FIR was lodged after twenty four days is not a reason to quash the FIR.

The judgment of Hon'ble Supreme Court in Joginder Kumar Singh Vs. State of U.P. and others, 1994 UPCr.R. 436 and full bench judgment of this Hon'ble Court in Amarawati Vs. State of U.P. and others, ACC 2004 (3) 742 cited by learned counsel for petitioner in paragraph 15 of memo of petition cannot be made applicable to the facts of this case.

In that view of the matter, we are unable to persuade ourselves to exercise our extraordinary jurisdiction under Article 226 of the Constitution of India quashing the FIR. The decisions in State of Telangana Vs. Habib Abdullah Ilahi, 2017 2 SCC 779 and Neeharika Infrastructure Pvt. Ltd. Vs. State of Maharashtra, AIR 2021 SC 1918 will not permit this Court to entertain this petition.

In view of the above, this petition lacks merits and is dismissed.

Order Date :- 22.6.2022/Mukesh