The High Court dismissed a Criminal Misc. Writ Petition seeking quashing of an FIR alleging attempted murder. The Court held that correctness of allegations need not be weighed in writ jurisdiction, especially with an injury report supporting the prosecution case.
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Court No. - 33
Case :- CRIMINAL MISC. WRIT PETITION No. - 12313 of 2019
Petitioner :- Pankaj Chaudhary Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ramanuj Tripathi,Manmohan Sachdeva 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 State-respondent nos. 1, 2 & 3; Sri Pankaj Sharma, learned counsel for the respondent no. 4; and perused the record.
The instant petition seeks quashing of the F.I.R. dated 22.04.2019 registered as Case Crime No. 333 of 2019, under Sections 307, 452, 323, 504, 506 I.P.C., Police Station Vrindavan, District Mathura.
The allegations made in the impugned First Information Report disclose commission of cognizable offence. It is alleged that Pankaj had assaulted the victim with the butt of his pistol and had also fired but the shot missed by chance.
On 07.05.2019, we had required the learned A.G.A. to seek instruction as to whether there is any injury report to support the prosecution case.
The injury report has been produced which reveals lacerated wound on the head.
Learned counsel for the petitioner has submitted that if there had been any intention to commit murder then first gun shot would have been fired and there would be no attempt to use butt of a gun.
As correctness of the allegations are not to be weighed and analyzed in writ jurisdiction, the prayer of the petitioner to quash the F.I.R. cannot be accepted.
The petition is dismissed with liberty to the petitioner to apply for bail, if so advised.
Order Date :- 16.5.2019
Vibha Singh
2 issues framed by the court
Whether the petition for quashing of FIR under Section 482 CrPC can be accepted when the FIR discloses cognizable offence with injury report.
Whether the probability of murder intention can be assessed in writ jurisdiction to quash FIR.
Pankaj Chaudhary
State Of U.P.
Others
Manoj Misra
Suresh Kumar Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
