Criminal Miscellaneous Writ Petition filed to quash an FIR alleging assault and attempted murder. The court found allegations of cognizable offence are credible and the victim supported prosecution. Relief denied.
Writ petition dismissed with liberty to the petitioners to apply for bail.
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Court No. - 33
Case :- CRIMINAL MISC. WRIT PETITION No. - 12539 of 2019 Petitioner :- Samir @ Amir Khan And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- D.M.Tripathi Counsel for Respondent :- G.A.,Rajshekhar Srivastava
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, Sri Rajshekhar Srivastava, learned counsel for the respondent no. 3; and perused the record.
The instant petition has been filed to quash the F.I.R. dated 22.1.2019 registered as case crime No. 0071 of 2019 under Section 147, 148, 149, 324, 504, 307, 342 I.P.C., Police Station- Naini, District- Prayagraj.
The allegation in the impugned first information report discloses commission of cognizable offence and it is also specifically alleged that accused - Shahrukh and Samir (petitioner no. 1) assaulted the victim with knife blows apart from causing other injuries.
It is not in dispute that the victim has suffered injuries.
Learned counsel for the petitioner has submitted that coaccused Rajjak Ali has filed CRIMINAL MISC. WRIT PETITION No. - 4898 of 2019, which was disposed of by this Court by observing that petitioners of that petition shall not be arrested till collection of credible evidence..
Learned counsel for the respondent no. 3 has informed that the statement of the injured has been recorded in which the injured has disclosed involvement of the petitioners in the crime and, therefore, credible evidence has already come on record and hence no relief can be granted to the petitioners.
Having considered the rival submissions, since the allegations in the first information report discloses commission of cognizable offence and the injured has supported the prosecution version, no relief can be granted to the petitioners.
The writ petition is dismissed with liberty to the petitioners to apply for bail.
O rder Date :- 14.5.2019
A. Pt. Singh
2 issues framed by the court
Whether the FIR discloses commission of cognizable offence and credible evidence is available against the petitioners.
Whether the writ petition under Section 482 CrPC for quashing of FIR should be allowed.
1 provisions across 1 enactments
Samir @ Amir Khan And Another
State Of U.P. And 2 Others
Manoj Misra
Suresh Kumar Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
