Criminal Misc. Writ Petition seeking quashing of an FIR alleging shooting at police. The court rejected claims of false implication and minor status due to lack of evidence and procedural timing, dismissing the petition as the FIR disclosed a cognizable offence.
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Court No. - 33
Case :- CRIMINAL MISC. WRIT PETITION No. - 8884 of 2019
Petitioner :- Javed Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Mahendra Pratap Singh,Sunil Kumar Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J. Hon'ble Suresh Kumar Gupta,J.
Heard learned counsel for the petitioner; learned AGA for respondents 1, 2 and 3; and perused the record.
The instant petition seeks quashing of the First Information Report dated 19th November, 2018 registered as Case Crime No.156 of 2018, under Section 307 I.P.C. at Police Station Fazalganj, District Kanpur Nagar.
The allegation in the impugned first information report discloses that shots were fired at the police. The impugned first information report has been lodged at the instance of police. A person has also been apprehended and the first information report names the petitioner and the other accused, who are stated to have escaped.
The contention of learned counsel for the petitioner is that the sister of the petitioner had made a complaint against the conduct of the police to the Senior Superintendent of Police, Kanpur Nagar and therefore the petitioner has been falsely implicated. It has also been submitted that the petitioner is minor.
As regards the first contention of learned counsel for the petitioner, there is no documentary evidence on record that any complaint was made. In respect of the second contention, it is a question of fact and juvenility can also be raised before the appropriate forum at the appropriate stage. But, on the above grounds, the prayer to quash the first information report cannot be accepted, as the impugned first information report discloses commission of cognizable offence.
The petition is dismissed.
Order Date :- 9.4.2019. Rks.
2 issues framed by the court
Whether a First Information Report alleging shooting at police can be quashed due to lack of documentary evidence on police complaint and claims of minor status of the petitioner.
Whether the allegations in the FIR disclose the commission of a cognizable offence warranting further proceedings.
Javed
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
