The court dismissed the petition seeking quashing of an FIR alleging a gun-shot incident where the victim escaped by providence. It held that absence of injury does not establish non-occurrence of the event.
The impugned FIR was not quashed; petition dismissed with liberty to move for bail.
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Court No. - 33
Case :- CRIMINAL MISC. WRIT PETITION No. - 11872 of 2019
Petitioner :- Sachin Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Chandra Prakash Singh 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 and 2; and perused the record.
The instant petition seeks quashing of the first information report dated 30.05.2018 registered as Case Crime No.345 of 2018, at P.S. Dankaur, District Gautam Budh Nagar, under Sections 323, 307, 452, 504 and 506 I.P.C.
The allegation in the impugned first information report discloses commission of cognizable offences and it is also alleged that gun shot was fired but by providence the victim escaped injuries.
On 03.05.2019 we had required the learned A.G.A. to seek instructions whether there is any injury to support the prosecution case.
The learned A.G.A. on the basis of instructions received has submitted that there is no injury report to disclose that the victims have sustained injuries but, in any view of the matter, since in the first information report itself it has been alleged that the victim has escaped gun shot injury by providence, absence of injury, by itself, cannot be taken as a ground to hold that incident did not at all occur as alleged.
As correctness of the allegations are not to be tested, ordinarily, in the writ jurisdiction, we are unable to accept the prayer to quash the impugned F.I.R.
The petition is dismissed with liberty to the petitioner to apply for bail.
Order Date :- 23.5.2019 Md Faisal
1 issue framed by the court
Whether the absence of injury report in a case alleging gun-shot injury is sufficient ground to quash the FIR under writ jurisdiction.
Sachin
State Of U.P.
Manoj Misra
Suresh Kumar Gupta
As recorded by the court registry
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