Supreme Court of India

Mohammad Wajid and Anr. v. State of U.P. and Ors.

Neutral citation

Reported as [2023] 11 S.C.R. 313

Bench B. R. Gavai and J. B. Pardiwala JJ.

Decided 8 August 2023

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

7 Supreme Court benches have cited this judgment.

What the Court ordered

We are of the view that prosecution has blindfoldedly and without understanding the true purport of the oﬀ ence of “dacoity” registered the FIR for the oﬀ ence punishable under Section 395 of the IPC and proceeded to even prepare charge sheet for the oﬀ ence of dacoity.

Judgment, page 25

From the headnote

Issue for consideration: In the instant case wherein FIR was registered u/ss. 395, 504, 506 and 323 IPC against the appellants, the questions which arose for consideration are whether the said case falls within the parameters laid down for quashing the FI R; whether the plain reading of the FIR discloses commission of the oﬀ ence of dacoity punishable u/s. 395 IPC; whether any case of crimin al intimidation punishable u/ss. 504 and 506(2) IPC is made out; an d whether the allegations levelled in the FIR inspire any conﬁ de nce considering the delay of one year in lodging the FIR. Code of

Authorities it was built on

1982 Sheonandan Paswan v. State of Bihar cited by 33
2004 State of Andhra Pradesh v. Goloconda Linga Swamy and Anr. cited by 11
2007 Directorate of Revenue & Anr. v. Mohammed Nisar Holia cited by 7

Where later benches applied it

2025 B.V. Ram Kumar v. State of Telangana and Another relied on
2024 Kailashben Mahendrabhai Patel & Ors. v. State of Maharashtra & Anr. relied on
2025 Khursheed Ahmad Chohan v. Union of Territory of Jammu and Kashmir and Ors. Etc. referred to
2025 Vinod Bihari Lal v. State of Uttar Pradesh & Anr. referred to
2025 Jay Kishan and Ors. v. The State of Uttar Pradesh and Ors. referred to
2025 Kim Wansoo v. State of Uttar Pradesh & Ors. referred to
2026 Anita Maurya v. State of Up mentioned

Of those, 2 relied on · 4 referred to · 1 mentioned

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