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2025 DAILYLAW 102449 (ALL)

MANISH KUMAR SINGH v. STATE OF U.P. AND 2 OTHERS

CRLP/22256/2025 · 2025-09-25

Salil Kumar Rai, Zafeer Ahmad

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 22256 of 2025 Court No. - 45 HON'BLE SALIL KUMAR RAI, J. HON'BLE ZAFEER AHMAD, J. The present petition has been filed challenging the first information report dated 03.01.2025 registering Case Crime No. 05 of 2025, under Sections 406, 420, 467, 468, 471 IPC, Police Station- Refinery, District-Mathura. It has been argued by the counsel for the petitioner that offences under Section 420 and 406 IPC cannot stand together and the petitioner cannot be charged for the same offence on a single transaction. The charge-sheet has not yet been filed. As to whether an offence would be made under Section 420 IPC or 406 IPC and petitioner can be charged for both the offences on a single transaction has to be considered by the Magistrate after the charge-sheet is filed. It is not a case for interfering under Article 226 of the Constitution of India to quash the first information report itself as the penal provisions referred to in the first information report can be expunged by the Investigating Officer after due investigation before submitting the charge-sheet. The First Information Report discloses commission of cognizable offence. In view of the aforesaid, no case for quashing the first information report is made out. Versus Counsel for Petitioner(s) : Keshari Nath Tripathi Counsel for Respondent(s) : G.A. Manish Kumar Singh .....Petitioner(s) State Of U.P. And 2 Others .....Respondent(s) For the aforesaid reason, the present writ petition is dismissed. September 26, 2025 Ranjeet Sahu CRLP No. 22256 of 2025 2 (Zafeer Ahmad,J.) (Salil Kumar Rai,J.) Digitally signed by :- RANJEET SAHU High Court of Judicature at Allahabad