Nitin Yadav And Others v. State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Others

Neutral Citation No. - 2024:AHC-LKO:10800-DB

Court No. - 9

Case :- CRIMINAL MISC. WRIT PETITION No. - 831 of 2024

Petitioner :- Nitin Yadav And Others Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Others Counsel for Petitioner :- Ramesh Chandra Gupta,Vijai Kumar Counsel for Respondent :- G.A.

Hon'ble Rajan Roy,J. Hon'ble Narendra Kumar Johari,J.

Heard.

By means of this petition, the petitioners have sought quashing of FIR bearing case Crime No. 0298 of 2023, under Sections 34, 323, 324, 354 (Ka), 504, 304 IPC and 3 (2) (va), 3(1)(Da) and 3(1) Gha) of the Scheduled Casts and the Schedules Tribes (Prevention of Atrocities) Act, 1989 registered at Police Station Ghunghter, District Barabanki.

The only argument advanced by learned counsel for the petitioners is that there are cross cases, therefore, the FIR be quashed.

This can hardly be a ground for quashing the FIR. The fact that there are cross cases is indicative of some incident having taken place.

Having gone through the contents of the FIR especially the fact that Section 304 IPC has been added during investigation as informed by the counsel for the parties, we see no reason to interfere in the matter, but, leave it open for the petitioners to pursue other remedies.

Subject to above, the petition is dismissed.

[Narendra Kumar Johari, J.] [Rajan Roy, J.]

Order Date :- 6.2.2024 Santosh/-