Petition seeking quashing of FIR alleging rash driving and causing grievous hurt was dismissed as FIR disclosed commission of cognizable offence.
Petition dismissed with liberty to apply for bail.
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Court No. - 33
Case :- CRIMINAL MISC. WRIT PETITION No. - 11498 of 2019
Petitioner :- Mahesh Chandra @ Mahesh Pratap Singh Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Vijay Prakash Singh Kushwaha Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J. Hon'ble Suresh Kumar Gupta,J.
Heard learned counsel for the petitioner; 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 15.03.2019 registered as Case Crime No.46 of 2019, at P.S. Bagwala, District Etah, under Sections 279 and 338 I.P.C..
The allegation in the impugned first information report is that the petitioner was driving scooter in rash and negligent manner resulting in accident as a consequence of which the brother of the informant suffered fracture.
As the F.I.R. discloses commission of cognizable offence, the prayer to quash the same cannot be accepted.
The petition is dismissed with liberty to the petitioner to apply for bail.
Order Date :- 30.4.2019 Md Faisal
2 issues framed by the court
Whether the F.I.R. alleging rash and negligent driving causing fracture can be quashed under Section 482 CrPC?
Whether cognizable offence precludes quashing of FIR at this stage?
Mahesh Chandra @ Mahesh Pratap Singh
State Of U.P.
Manoj Misra
Suresh Kumar Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
