Criminal Misc. Writ Petition seeking quashing of FIR lodged under various IPC sections. Court noted cross-cases exist, preventing determination of aggressor or innocence. Held that FIR discloses cognizable offence and interference would impede investigation. Petition dismissed.
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Court No. - 44
Case :- CRIMINAL MISC. WRIT PETITION No. - 6328 of 2021
Petitioner :- Pankaj And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Yashpal Yadav,Chandra Shekhar Pal Counsel for Respondent :- G.A
Hon'ble Mrs. Sunita Agarwal,J. Hon'ble Mrs. Sadhna Rani (Thakur),J.
Heard learned counsel for the parties and perused the record.
By means of the present petition, the petitioners herein seek for quashing of the first information report dated 06.05.2021 bearing Case Crime No.102 of 2021 under Sections 147, 148, 149, 452, 323 & 307 IPC, P.S.-Hasayan, District-Hathras.
A perusal of the record indicates that the cross cases have been lodged by the rival parties. The occurrence of the incident, therefore, cannot be disputed. It is not possible for the Court to ascertain as to who was the aggressor of the crime or as to whether the petitioners herein are innocent.
From a perusal of the first information report, it cannot be said that it does not disclose commission of a cognizable offence. Moreover, any interference at this stage may impede the process of speedy investigation.
The writ petition is, accordingly, dismissed .
Order Date :- 28.9.2021 P Kesari
2 issues framed by the court
Whether the first information report discloses a cognizable offence warranting quashing.
Whether sustaining the petition would impede the investigation into cross-cases lodged by rival parties.
1 provisions across 1 enactments
Pankaj And 2 Others
State Of U.P. And 2 Others
Sunita Agarwal
Sadhna Rani Thakur
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
