The court dismissed a petition seeking quashing of the FIR in a criminal case involving injuries, holding that the matter of aggressorship must be determined during trial based on investigation material, and the FIR cannot be quashed at this stage.
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Court No. - 33
Case :- CRIMINAL MISC. WRIT PETITION No. - 10520 of 2019
Petitioner :- Ramveer And 8 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sudarshan Singh Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J. Hon'ble Suresh Kumar Gupta,J.
Heard learned counsel for the petitioners; the learned A.G.A. for the respondents 1 and 2; and perused the record.
The instant petition seeks quashing of the First Information Report dated 30.07.2017 registered as Case Crime No.0389 of 2017, (wrongly transcribed as Case Crime No. 389 of 2019) under Sections 147, 148, 149, 307, 323, and 506 I.P.C. at Police Station - Faridpur, District - Bareilly.
The contention of the learned counsel for the petitioners is that incident did not occur in the manner alleged and in fact injuries have been received by the petitioners' side also.
Be that as it may, as to which party had been the aggressor would have to be determined on the basis of material collected during the course of investigation and evidence led in trial. Therefore, on the above ground, the prayer of the petitioners to quash the first information report, which discloses commission of cognizable offences and reflects that persons have received injuries, cannot be accepted.
The petition is dismissed with liberty to the petitioners to apply for bail.
Order Date :- 22.4.2019 Md Faisal
2 issues framed by the court
Whether the First Information Report disclosing injuries can be quashed without material investigation.
Whether the petitioner is the aggressor pending trial proceedings.
Ramveer And 8 Others
State Of U.P. And 2 Others
Manoj Misra
Suresh Kumar Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
