Petition seeking quashing of FIR under IPC sections for assault. Court held correctness of allegations not to be tested in writ jurisdiction as cognizable offence is disclosed. Petition dismissed.
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Court No. - 33
Case :- CRIMINAL MISC. WRIT PETITION No. - 1938 of 2019
Petitioner :- Priyam And 3 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ravi Sahu Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J. Hon'ble Vivek Varma,J.
Heard Sri Ravi Sahu, learned counsel for the petitioners; learned AGA for the respondent nos. 1 and 2 and perused the record.
The instant petition seeks quashing of the First Information Report dated 15.10.2018 registered as Case Crime No. 0490 of 2018, under Sections 452, 323, 504, 506, 427 IPC, Police Station Rasoolabad, District Ramabai Nagar (Kanpur Dehat).
The allegation in the FIR is that the accused party assaulted the informant, as a result of which the informant suffered injuries.
Learned counsel for the petitioners has stated that the allegations are false and that there appears no injury report in support of the prosecution case.
Be that as it may, the correctness of the allegation is not, ordinarily, to be tested in writ jurisdiction. As the FIR discloses commission of cognizable offence, no case for quashing of the First Information Report or to interfere with the investigation is made out.
The petition is dismissed.
Order Date :- 29.1.2019 Lbm/-
1 issue framed by the court
Whether the First Information Report regarding assault can be quashed in writ jurisdiction due to absence of injury report.
Priyam And 3 Others
State Of U.P. And 2 Others
Manoj Misra
Vivek Varma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
