Mohd. Shakib And 3 Others vs State Of U.P. And 3 Others
2024 Latest Caselaw 37159 ALL

Allahabad High Court

Mohd. Shakib And 3 Others vs State Of U.P. And 3 Others on 12 November, 2024

Author: Mahesh Chandra Tripathi

Bench: Mahesh Chandra Tripathi

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:177641-DB
 
Court No. - 42
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 11107 of 2023
 

 
Petitioner :- Mohd. Shakib And 3 Others
 
Respondent :- State Of U.P. And 3 Others
 
Counsel for Petitioner :- Akhilesh Singh,Deeksha Singh,Shivam Yadav
 
Counsel for Respondent :- Anurag Yadav,Surya Bhan Singh
 

 
Hon'ble Mahesh Chandra Tripathi,J.
 

Hon'ble Prashant Kumar,J.

1. List has been revised. None appears on behalf of the petitioners to press the writ petition. Learned counsel for the informant and learned AGA are present.

2. This writ petition has been filed seeking quashing of the first information report dated 04.07.2023 in Case Crime No. 0180 of 2023, under Sections 419, 420, 467, 468, 471, 504, 506 IPC, Police Station Kotwali, District Jaunpur.

3. While entertaining the writ petition on 4.8.2023, the coordinate Bench has referred the matter for mediation as it has been pressed that there are chances of reconciliation between the parties.

4. In response to the order dated 4.8.2023, report of the Mediation and Conciliation Centre dated 10.10.2023 is on record indicating therein "Mediation Completed. No agreement."

5. Learned AGA and learned counsel for the informant opposed the prayer for quashing of the FIR, which discloses cognizable offence.

6. The correctness of the allegations would have to be tested on the basis of the materials collected during the course of investigation as by insertion of notification No.1058/79-V-1-19-1 (Ka)-20-2018 dated 6th June 2019 and therefore, in view of the law laid down by Hon'ble Supreme Court in the case of State of Haryana and others vs. Bhajan Lal and others, 1992 Supp. (1) SCC 335 and M/s Neeharika Infrastructure Pvt. Ltd. vs. State of Maharashtra, AIR 2021 SC 1918 and in Special Leave to Appeal (Crl.) No.3262/2021 (Leelavati Devi @ Leelawati & another vs. the State of Uttar Pradesh) decided on 07.10.2021 and the latest judgment in Criminal Appeal No. 843 of 2024 arising out of Special Leave Petition (Crl.) No. 10913 of 2023 (Directorate of Enforcement vs. Niraj Tyagi & ors.), no case has been made out for quashing the impugned first information report.

7. The writ petition is disposed of leaving it open for the petitioners to seek appropriate remedy in accordance with law. Interim order stands discharged.

Order Date :- 12.11.2024

A.K.Srivastava