High Court dismissed a fire quashing petition under Section 482 CrPC holding that allegations disclose cognizable offences and determination of truth lies with investigation.
Petition dismissed without prejudice to the right to apply for bail.
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Court No. - 48
Case :- CRIMINAL MISC. WRIT PETITION No. - 15140 of 2020
Petitioner :- Jalaluddin And Another Respondent :- State Of U P And 3 Others Counsel for Petitioner :- Narayan Singh(Kushwaha) Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J. Hon'ble Sanjay Kumar Pachori,J.
Heard learned counsel for the petitioners; learned A.G.A. for respondents no.1, 2 and 3; and perused the record.
The instant petition seeks quashing of the F.I.R. dated 24.09.2020 registered as Case Crime No.401 of 2020, under Sections 147, 148, 149, 307, 504, 506 I.P.C. and Section 3(2)(v) of Schedule Caste and Schedule Tribe (Prevention of Atrocities Act), Police Station- Jalesar, District- Etah.
The allegations made in the impugned First Information Report are in respect of insulting the victim and also making an attempt on the life of the victim.
The submission of learned counsel for the petitioner is that the allegations are false and it is a case where no injury was caused to other side.
Whether the allegations are true or false, would be determined on the basis of material collected during the course of investigation and the evidence led in trial, but, since the allegations disclose commission of cognizable offences, the prayer of the petitioners to quash the first information report cannot be accepted, at this stage.
The petition is dismissed without prejudice to the right of the petitioners to apply for bail.
Order Date :- 17.12.2020 Ishan
1 issue framed by the court
Whether the FIR alleging offences under IPC and POCSO should be quashed at this stage.
Jalaluddin And Another
State Of U P
Manoj Misra
Sanjay Kumar Pachori
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
