The High Court dismissed the writ petition seeking quashing of an FIR in a criminal dispute, holding that any interference at this stage might impede speedy investigation given an admitted affray between parties that led to cross-FIRs.
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Court No. - 39
Case :- CRIMINAL MISC. WRIT PETITION No. - 4657 of 2020
Petitioner :- Waseem Khan And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Mohammad Waseem Counsel for Respondent :- G.A.
Hon'ble Mrs. Sunita Agarwal,J. Hon'ble Saumitra Dayal Singh,J.
The petitioners herein seek for quashing of the FIR dated 17.2.2020 registered as Case Crime No.0035 of 2020 under Sections 147, 148, 323, 307 and 506 I.P.C P.S Sheeshgarh, District Bareilly.
It is contended by learned counsel for the petitioners that the First Information Report dated 17.2.2020 has been lodged as a counterblast to the report lodged by him for the alleged incident occurred on 16.2.2020.
There is no dispute about the fact that some incident of marpeet had occurred between the parties, it would be appropriate not to entertain the writ petition as any interference at this stage may impede the speedy investigation.
The writ petition is, accordingly, dismissed.
Order Date :- 17.6.2020 Harshita
2 issues framed by the court
Whether the High Court’s writ jurisdiction should be exercised to quash the FIR at this stage notwithstanding a dispute on who lodged the first report.
Whether interference at this stage may impede speedy investigation given an admitted grievance between parties.
Waseem Khan And Another
State Of U.P. And 3 Others
Sunita Agarwal
Saumitra Dayal Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
