The High Court held that the FIR disclosing cognizable offences involving firearm use and verified injuries requires investigation. The petition for quashing was dismissed as not a fit case for interference under writ jurisdiction.
The writ petition for quashing the FIR was dismissed without prejudice to the petitioner's other remedies.
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Court No. - 29
Case :- CRIMINAL MISC. WRIT PETITION No. - 3117 of 2020
Petitioner :- Abhishek @ Shibbu Rai Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Mamta Singh Counsel for Respondent :- G.A.
Hon'ble Pankaj Mithal,J. Hon'ble Pradeep Kumar Srivastava,J.
Heard Ms. Mamta Singh, learned counsel for the petitioner and learned AGA for the State.
The petitioner has preferred this petition for the quashing of the First Information Report dated 24.11.2019 registered as Case Crime No. 247 of 2019, under sections 307, 504, 506 I.P.C., Police Station Bardah, District Azamgarh.
The argument is that the F.I.R. is false and that the petitioner himself has received injuries and as such the F.I.R. is liable to be quashed.
We have perused the aforesaid F.I.R. and from the allegations made there in are satisfied that it discloses a cognizable offence which requires investigation. A fire arm was used in the incident in which two persons were injured and the injuries were found as per the inquest report.
In view of the above, we do not deem it to be a fit case for interference in exercise of the writ jurisdiction. The writ petition as such lacks merit and is dismissed without prejudice to the rights of the petitioner to take other remedy available to him under law.
Order Date :- 20.2.2020
Bhanu
1 issue framed by the court
Whether the present case qualifies as a fit case for quashing the FIR under the court's writ jurisdiction.
1 provisions across 1 enactments
Abhishek @ Shibbu Rai
State Of U.P.
2 Others
Pankaj Mithal
Pradeep Kumar Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
