Court dismissed a writ petition seeking quashing of an FIR involving mob action and throwing bricks on police, holding that writ jurisdiction cannot examine correctness of allegations where a cognizable offence is disclosed.
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Court No. - 33
Case :- CRIMINAL MISC. WRIT PETITION No. - 9350 of 2019
Petitioner :- Ajay Kumar Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Brijesh Kumar Mishra Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J. Hon'ble Suresh Kumar Gupta,J.
Supplementary affidavit filed today is taken on record.
Heard learned counsel for the petitioner, learned A.G.A. for the respondent nos. 1 to 4.
The instant petition has been filed to quash the F.I.R. dated 21.3.2019 registered as case crime No. 0210 of 2019 under Section 147,148, 323, 332, 336, 353, 342, 504, 506, 427 I.P.C., Section 3 of the Prevention of Damages to Public Property Act, 1984 and Section 7 of the Criminal Law (Amendment) Act, 1932 Police Station- Kotwali District- Deoria.
The allegation in the first information report is with regard to mob action in respect of throwing bricks and stones etc. on police party thereby damaging police jeep/vehicle.
The petitioner amongst others is named in the first information report, which has been lodged against several persons including few unknown persons.
The contention of the learned counsel for the petitioner is that the petitioner has been falsely implicated for political reasons.
Be that as it may, correctness of allegations cannot ordinarily be examined in the writ jurisdiction. Since the first information report discloses commission of cognizable offence, the prayer of the petitioner to quash the first information report cannot be accepted.
The writ petition is dismissed. The petitioner is at liberty to apply for bail.
Order Date :- 16.4.2019
A. Pt. Singh
3 issues framed by the court
Whether the FIR in a case involving alleged mob action throwing bricks on police can be quashed suo motu on the ground of false implication.
Whether the correctness of allegations in an FIR disclosing a cognizable offence can be examined in writ jurisdiction.
Whether the prayer to quash the FIR without material discarding the offence can be accepted.
3 provisions across 3 enactments
State Of U.P.
3 Others
Manoj Misra
Suresh Kumar Gupta
As recorded by the court registry
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