Held that because the FIR discloses a death by unnatural injuries from a sharp weapon, a cognizable offence of murder is made out requiring investigation. Thus, no interference with the FIR is warranted.
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Court No. - 33
Case :- CRIMINAL MISC. WRIT PETITION No. - 11516 of 2019
Petitioner :- Mitthu @ Arjun @ Fauzi Yadav (Minor) Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Girish Chandra Maurya,K.K. Singh Counsel for Respondent :- G.A.,Firoz Haider
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 Sri Firoz Haider for the respondent no.4; and perused the record.
The instant petition seeks quashing of the first information report dated 05.04.2019 registered as Case Crime No.92 of 2019, under Sections 302, 506 IPC, P.S. Phoolpur, District Azamgarh.
Quashing of the FIR has been sought on the ground that it has been lodged only on the basis of suspicion and is highly belated.
It is not in dispute that a person has died an unnatural death due to injuries from a sharp edged weapon. Hence, the first information report discloses commission of serious offence of murder.
Once cognizable offence is disclosed, the matter would have to be investigated and therefore no interference is called for. The petition is dismissed . In case the petitioner is wanted, he may surrender and apply for bail.
Order Date :- 2.5.2019 AKShukla/-
1 issue framed by the court
Whether a First Information Report disclosing murder should be quashed on grounds of suspicion and belatedness.
Mitthu @ Arjun @ Fauzi Yadav
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
