The High Court dismissed the criminal miscellaneous writ petition seeking quashing of an FIR alleging assault and IPC offences. The court noted that medical examination confirmed injuries, and the investigation was ongoing, rendering the prayer untenable.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 33 Case :- CRIMINAL MISC. WRIT PETITION No. - 1242 of 2019 Petitioner :- Sandeep Kumar @ Jaiki Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Raghuvir Sharan Singh,Lal Mani Singh Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J. Hon'ble Vivek Varma,J.
Heard learned counsel for the petitioner, learned AGA for the State-respondents and perused the record.
Instant writ petition seeks quashing of the FIR dated 15.3.2018, registered as Case Crime No. 183 of 2018, under Sections 323, 353, 332 IPC at P.S. Naubasta, District Kanpur Nagar.
Impugned FIR, which has been lodged by Sajjad (respondent no. 3), alleges that when he had gone to repair light, the petitioner-Sandeep Kumar @ Jaiki came with three accomplices and requested the informant to repair his light first and when the informant told him to wait, he got infuriated and assaulted the informant as a result of which he suffered head injuries.
On the submission of learned counsel for the petitioner, on 18.1.2019, we had passed the following order:-
"Learned counsel for the petitioner states that the petitioner was not aware of any such incident which has been reported, and since March 2018 no action has been taken against the petitioner, therefore, it appears to be a bogus incident with no material in support thereof.
As the first information report alleges that the informant has received head injury, it would be appropriate to ascertain as to whether any injury report is available on record or not.
Learned A.G.A. shall seek instruction from the Investigating Officer of Case Crime No. 183 of 2018 as regards the status of investigation as also whether there is any injury report on record or not.
As prayed, put up as fresh on 04th February, 2019.
Let a copy of this order be supplied to the learned A.G.A. for compliance. "
Pursuant to the said order, learned AGA has produced the case diary.
Perusal of the case diary reveals that on 15.3.2018, the informant was medically examined at Manyawar Kanshi Ram Sanyukt Chikitsalaya Evam Trauma Centre, Kanpur Nagar and five injuries were found on his body including head injuries and his statement was also recorded under Section 161 Cr.P.C., wherein he has supported the prosecution version.
In view of above, the prayer to quash the FIR or to interfere with the investigation cannot be accepted.
The writ petition is dismissed.
Order Date :- 7.2.2019/RavindraKSingh
2 issues framed by the court
Whether the writ petition seeking quashing of the FIR should be allowed in light of the investigation report and injury record.
Whether material available on record justifies interference with the investigation.
Sandeep Kumar @ Jaiki
State Of U.P.
Others
Sajjad
Manoj Misra
Vivek Varma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
