The High Court dismissed a petition seeking quashing of an F.I.R. The Court clarified that an alleged typo in the incident date was corrected by the Police, supported by an injury report dated during the incident, thereby negating the argument that the F.I.R. was bogus.
Petition dismissed with liberty to apply for bail.
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. - 10409 of 2019
Petitioner :- Ashok Sharma And Another Respondent :- The State Of U.P. And 3 Others Counsel for Petitioner :- Gauri Shanker Mishra Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J. Hon'ble Suresh Kumar Gupta,J .
Heard learned counsel for the petitioners; learned A.G.A. for the respondents 1, 2 and 3; and perused the record.
The instant petition seeks quashing of the first information report dated 22.03.2019, registered as Case Crime No.0068 of 2019, under Sections 323, 325, 354, 504 IPC, Police Station G.R.P. Aligarh Junction, District Aligarh.
The contention of learned counsel for the petitioners had been that the first information report indicates the date of incident as 22.3.2018 whereas it was lodged after a year on 22.03.2019 and, therefore, it appears to be a bogus F.I.R.
On 19.04.2019, we had passed the following order :-
"The argument of the learned counsel for the petitioner is that the first information report is highly belated and it cannot be acted upon as it narrates date of incident as 22.3.2018 but has been lodged on 22.3.2019.
A bare perusal of the first information report would reveal that it relates to an incident which occurred on the date on which it is lodged because it states "Aaj Dinak 22.3.2018". It appears that by mistake the date of incident has been disclosed as 22.3.2018.
In view of above, we deem it proper to require the learned A.G.A. to seek instructions whether the statement of the victim has been recorded to ascertain the correct date of incident or not.
Necessary instructions be obtained within a week.
Put up this petition on 26th April, 2019."
The learned A.G.A has obtained instructions from the police station concerned disclosing that the date 22.03.2018 of the incident was transcribed by mistake and, in fact, it was 22.03.2019. He has also informed the Court that there exists an injury report dated 22.3.2019 in support of the prosecution case.
Photocopy of the relevant extracts have been produced to support the above contention.
In view of the above, no case to quash the first information report is made out.
The petition is dismissed with liberty to the petitioners to apply for bail.
O rder Date :- 2.5.2019
m.a.
2 issues framed by the court
Whether the belated F.I.R. regarding a date discrepancy should be quashed.
Whether the petitioners have made out a case to quash the first information report.
1 provisions across 1 enactments
Ashok Sharma
Another (Name not specified)
The State Of U.P.
3 Others
Manoj Misra
Suresh Kumar Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
