The Court dismissed the criminal miscellaneous writ petition seeking to quash the F.I.R. on the ground that it discloses the commission of a cognizable offence supported by injury reports.
Prayer to quash the F.I.R. rejected; writ petition dismissed.
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Court No. - 33
Case :- CRIMINAL MISC. WRIT PETITION No. - 11647 of 2019
Petitioner :- Anil And 5 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Vijay Singh Sengar 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 respondent nos. 1 and 2 and perused the record.
The instant petition has been filed to quash the F.I.R. dated 22.3.2019 registered as case crime No. 52 of 2019 under Section 147, 148, 149, 323, 307, 325, 504, 506, 427 I.P.C., Police Station- Mirhachi, District- Etah.
The allegation in the impugned first information report discloses commission of cognizable offence and it has been alleged that gun shots were fired but the victim escaped by providence. Although the victims suffered other injuries and one of the victims got thigh and hip bone fracture.
The contention of the learned counsel for the petitioner is that there is no gun shot injury and, therefore, the allegations do not make out case punishable under Section 307 I.P.C. otherwise also the allegations have been levelled malafide as a counter blast to the first information report lodged by one Lalit Pratap, brother of co-accused Umesh.
As correctness of allegations are not ordinarily be tested in writ jurisdiction and the impugned F.I.R. discloses commission of cognizable offence, which is supported by injury report, the prayer to quash the F.I.R. cannot be accepted.
The writ petition is dismissed with liberty to the petitioner to apply for bail.
Order Date :- 7.5.2019 A. Pt. Singh
1 issue framed by the court
Whether the prayer to quash the F.I.R. under Section 147, 148, 149, 323, 307, 325, 504, 506, 427 I.P.C. should be accepted.
6 provisions across 1 enactments
Anil And 5 Others
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
