Km. Jyoti And 8 Others vs State Of U.P. And 3 Others
2022 Latest Caselaw 5358 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 2
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 7171 of 2022
 

 
Petitioner :- Km. Jyoti And 8 Others
 
Respondent :- State Of U.P. And 3 Others
 
Counsel for Petitioner :- Sanjay Singh
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Dr. Kaushal Jayendra Thaker,J.

Hon'ble Gautam Chowdhary,J.

Heard learned counsel for the petitioners and learned A.G.A. for the State.

The present petition has been filed for quashing of the First Information Report dated 24.04.2022 registered as Case Crime No. 177 of 2022 under Sections 306, 506 I.P.C., Police Station- Iglas, District- Aligarh.

Counsel for the petitioners submits that all the nine petitioners have been falsely implicated due to rivalry. It is submitted that this is a fit case for exercise of jurisdiction under Article 226 of the Constitution of India, hence, the personal life and liberty of the petitioners have been spoiled by the allotment of the said F.I.R. They are not at all concerned with the happening of the incident.

While going through the F.I.R., it cannot be said that it is due to any kind of rivalry. The name of the petitioners in the F.I.R. cannot be mentioned without any participation.

We are of the confirmed view that no case is made out for interference by this Court, rather the judgment of the Apex Court in the case of State of Telangana Vs. Habib Abdullah Ilahi, (2017) 2 SCC 779 will not permit this Court to entertain this petition.

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

It is right of the parties to approach the Court below for bail as we cannot direct that they may be enlarged or granted bail, hence, the said request is also turned down.

Order Date :- 23.6.2022

Nirmal Sinha