Criminal Misc. Writ Petition seeking quashing of an FIR alleging offences under IPC and SC/ST Act. Court held that allegations disclose a cognizable offence. Dismissed the petition as determination of aggression requires investigation.
Petition for quashing of the FIR dismissed.
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Court No. - 40
Case :- CRIMINAL MISC. WRIT PETITION No. - 2802 of 2021
Petitioner :- Ankit Yadav And 11 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Janardan Yadav Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J. Hon'ble Rohit Ranjan Agarwal,J.
Heard learned counsel for the petitioners; learned A.G.A. for the respondents 1 and 2; and perused the record.
The instant petition seeks quashing of the first information report dated 09.03.2021 registered as Case Crime No.30 of 2021, under Sections 147, 148, 149, 323, 394, 452, 504, 506 IPC; and Section 3(1)(Da), 3(1)(Dha), 3(1)(Va) of S.C./S.T. Act, P.S. Phoolpur, District Azamgarh.
The allegations in the impugned first information report not only disclose commission of cognizable offence but from the allegations it appear that the informant's side has received injuries.
The petitioner seeks quashing of the first information report on the ground that the incident did not occur in the manner alleged; that there is another version of the incident; and persons from the side of the petitioners have also received injury.
Be that as it may, as to which party had been the aggressor is to be determined on the basis of material collected during the course of investigation and the evidence led in trial, if any required. But, since the allegations made in the FIR disclose commission of cognizable offence, the prayer of the petitioners to quash the first information report cannot be accepted.
The petition is dismissed without prejudice to the right of the petitioners to apply for bail.
Order Date :- 5.4.2021 AKShukla/-
2 issues framed by the court
Whether the prayer to quash the first information report can be accepted when allegations disclose commission of a cognizable offence.
Whether the determination of the aggressor pertains to the FIR stage or requires investigation and trial.
2 provisions across 2 enactments
Ankit Yadav And 11 Others
State Of U.P. And 2 Others
Manoj Misra
Rohit Ranjan Agarwal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
