In this criminal miscellaneous writ petition seeking quashing of an FIR registered under various IPC sections, the High Court noted an injury report disclosing a grievous head injury. Finding a cognizable offence disclosed, the court held no case for interference and dismissed the petition.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 33
Case :- CRIMINAL MISC. WRIT PETITION No. - 10231 of 2019
Petitioner :- Mohd. Aslam And 4 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Mohd. Monis Counsel for Respondent :- G.A.,Praveen Kumar Pandey
Hon'ble Manoj Misra,J. Hon'ble Suresh Kumar Gupta,J.
Heard learned counsel for the petitioners, learned A.G.A. for the respondent nos.1, 2 and 3 and perused the record.
The instant petition seeks quashing of the First Information Report dated 04.04.2019, registered as Case Crime No.0290 of 2019, under Sections 147, 148, 149, 323, 452, 427, 307, 504, 506 I.P.C., Police Station Dhoomanganj, District Allahabad/Prayagraj.
The allegations made in the impugned F.I.R. disclose commission of cognizable offence. The learned counsel for the petitioners, however, raised a dispute as regards existence of injuries on the body of the victim.
Accordingly, on 18.04.2019, we had required the learned A.G.A. to produce injury report, if any.
The learned A.G.A. has obtained instructions from the police station concerned and has produced injury report of Mohd. Ali.
The injury report of Mohd. Ali, son of the informant, discloses three injuries. Out of which, one is on the head. The injury no.1, which is on the head, appears to be grievous in nature.
In view of the above, no case for interference is made out.
The petition is dismissed .
Order Date :- 24.4.2019
m.a.
2 issues framed by the court
Whether the petition for quashing the First Information Report should be allowed in view of alleged discrepancies regarding injuries on the victim.
Whether the injury report establishing a grievous injury on the head precludes quashing of the FIR.
Mohd. Aslam And 4 Others
State Of U.P. And 3 Others
Manoj Misra
Suresh Kumar Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
