In this criminal miscellaneous writ petition, the court examined an application to quash an FIR alleging assault and threat. The bench held that correctness of allegations is not tested in writ jurisdiction and dismissed the petition with liberty for bail.
Petition dismissed with liberty to petitioners 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. - 10662 of 2019
Petitioner :- Idrees And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Anurag Tripathi 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 and 2; and perused the record.
The instant petition seeks quashing of the first information report dated 02.02.2019 registered as Case Crime No.47 of 2019, under Sections 323, 452, 504, 506 IPC, P.S. Tarya Sujan, District Kushinagar.
The allegation in the impugned first information report discloses commission of cognizable offence as it is alleged that the victims were assaulted and threatened. It is also alleged that they have received injuries.
The contention of the learned counsel for the petitioners is that the allegations are false and, in fact, a proceeding under Section 107/116 Cr.P.C. has also been initiated between the parties.
Be that as it may, as correctness of the allegations are not to be tested, ordinarily, in writ jurisdiction, the prayer of the petitioners to quash the first information report cannot be accepted. The petition is dismissed with liberty to the petitioners to apply for bail.
Order Date :- 23.4.2019 AKShukla/-
1 issue framed by the court
Whether the FIR alleged under Sections 323, 452, 504, 506 IPC is liable to be quashed in a writ petition without testing correctness of allegations.
2 provisions across 2 enactments
Idrees And 2 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
