This single judge court dismissed a Criminal Misc. Writ Petition seeking quashing of an FIR in which cognizable offences were alleged and injuries were sustained, holding that offence disclosure was clear supported by injury reports and no ground for quashing existed.
Petition for quashing of FIR dismissed.
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Court No. - 33
Case :- CRIMINAL MISC. WRIT PETITION No. - 2838 of 2019
Petitioner :- Dhirendra Yadav @ Nanhe And 4 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Rajesh Yadav Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J. Hon'ble Vivek Varma,J.
Heard Sri Rajesh Yadav, learned counsel for the petitioners; learned AGA for the State respondent nos. 1 and 2 and perused the record.
The instant petition seeks quashing of the first information report dated 03.01.2019 registered at Police Station Shahbad, District Rampur as Case Crime No. 0012 of 2019, under Sections 147, 148, 149, 323, 324, 307, 504 IPC.
The allegation made in the FIR disclose commission of cognizable offences and three persons have suffered injury. The injury reports are also there.
Learned counsel for the petitioners have sought to argue that the injuries are not grievous and that the allegations are false, levelled at the instance of police.
At this stage, what is to be seen is whether the allegations made in the FIR disclose commission of cognizable offence. The correctness of the allegations is not to be tested, particularly, when the matter is under investigation. Moreover, there is injury report on record to support prosecution case, hence no case for quashing of the FIR or to interfere with the investigation is made out.
The petition is dismissed .
Order Date :- 1.2.2019 Lbm/-
1 issue framed by the court
Whether Criminal Misc. Writ Petition for quashing of FIR disclosing cognizable offence under Sections 147, 148, 149, 323, 324, 307, 504 IPC should be allowed.
Dhirendra Yadav @ Nanhe And 4 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
