Criminal Misc. Writ Petition filed to quash an FIR registered under Section 307 I.P.C. The High Court held that the presence of six alleged injuries, one being serious, indicated sufficient accusation. Thus, no case for quashing was made out, and the petition was dismissed.
Dismissal of the writ petition with liberty to apply for bail.
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Court No. - 33
Case :- CRIMINAL MISC. WRIT PETITION No. - 7522 of 2019
Petitioner :- Zubair And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Anoop Trivedi Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J. Hon'ble Suresh Kumar Gupta,J.
Heard learned counsel for the petitioners, learned A.G.A. for the State-respondent nos. 1, 2 & 3 and perused the record.
The instant petition seeks quashing of the FIR dated 08.02.2019 registered as Case Crime No. 0134 of 2019, under Sections 307 I.P.C., Police Station Lisadi Gate, District Meerut.
The allegations in the impugned First Information Report, which has been lodged naming three accused persons including the petitioners is that the petitioners had assaulted Rashid (respondent no. 3). Rashid has alleged that he had suffered serious injuries and had to be hospitalized.
The incident occurred on 03.02.2019 and the F.I.R. was lodged on 08.02.2019, after Rashid was discharged from the hospital.
On 20.03.2019, we had required learned A.G.A. to seek instructions from the concerned Police Station and produce injury report, if any.
Learned A.G.A. has produced the injury report of Rashid, which discloses six injuries out of which injury no. 1 is serious.
In view of above, no case for quashing the F.I.R. is made out.
The petition is dismissed with liberty to the petitioners to apply for bail.
Order Date :- 24.4.2019 Vibha Singh
2 issues framed by the court
Whether the FIR under Sections 307 I.P.C. should be quashed in the circumstances.
Whether an injury report showing six injuries including one serious injury negates the case for quashing.
Zubair And Another
State Of U.P.
Manoj Misra
Suresh Kumar Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
