LAWS(ALL)-2022-1-142

SURESH KUMAR TIWARI Vs. STATE OF U. P.

Decided On January 17, 2022
SURESH KUMAR TIWARI Appellant
V/S
STATE OF U. P. Respondents

JUDGEMENT

(1.) On account of prevailing Covid-19 pandemic this case has been taken up through video conferencing.

(2.) Heard Sri Sanjay Singh Chauhan, learned counsel for the petitioners as well as Ms. Roodi Siddiqui, learned Additional Government Advocate for the State respondents. This writ petition has been filed seeking a writ of certiorari for quashing the First Information Report dtd. 27/12/2021 and staying the arrest of the petitioners in FIR/Case Crime No. 680 of 2021, under Ss. 504, 506 & 307 IPC, Police Station Gola, District Kheri.

(3.) Learned counsel for petitioners, has contended that the petitioners have been falsely implicated in the present case with malafide intention. It is contended that the allegations levelled against the petitioners are absolutely false, frivolous and baseless. No offence is made out against the petitioners and as such the First Information Report is liable to be quashed. Per contra, Learned Additional Government Advocate appearing on behalf of the State-respondent has submitted that from a perusal of the allegations made in the impugned First Information Report, it cannot be said that no cognizable offence is made out against the petitioners and as such the writ petition is not maintainable and is liable to be dismissed.