High Court dismissed a writ petition seeking quashing of an FIR lodged under IPC and SC/ST Act provisions alleging assault over a grazing dispute, holding that the FIR discloses a cognizable offence and citing Supreme Court precedents against its quashing.
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Court No. - 44
Case :- CRIMINAL MISC. WRIT PETITION No. - 1498 of 2022
Petitioner :- Ram Lakhan And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Phool Singh Yadav Counsel for Respondent :- G.A.
Hon'ble Ashwani Kumar Mishra,J. Hon'ble Rajnish Kumar,J.
This writ petition has been filed with the prayer to quash the First Information Report registered as Case Crime No.567 of 2021, under Sections 323, 325, 504, 506 IPC and 3(2)(va) SC/ST Act, Police StationShivli, District-Kanpur Dehat.
It is stated that on account of trivial issue with regard to grazing of animals in the agricultural field the F.I.R. has been lodged against the petitioners.
The petition is being opposed by learned A.G.A.
The perusal of F.I.R. goes to show that specific allegations are made with regard to physical assault in which various injuries have been caused and the informant has also suffered fracture.
The correctness or otherwise of the allegation made in F.I.R. need not be examined by us in view of the law settled inasmuch as such issues are required to be examined at the stage of investigation. The petitioner shall be at liberty to place all materials in support of his defence before the Investigating Officer.
Since the First Information Report prima facie discloses commissioning of cognizable offence, therefore, it cannot be quashed in view of the law laid down by the Supreme Court in the case of State of Telangana Vs. Habib Abdullah Jellani, (2017) 2 SCC 779 and Neeharika Infrastructure Pvt. Ltd. Vs.State of Maharashtra and others; (2021) SCC Online SC 315 . Prayer for quashing the F.I.R. is declined.
In case the offences alleged in the F.I.R. provide for maximum sentence upto seven years, the provisions of Section 41-A of the Code of Criminal Procedure shall be complied with.
Writ petition is, accordingly, dismissed.
Order Date :- 22.2.2022 Banswar
Digitally signed by RAM NARESH BANSWAR Date: 2022.02.24 10:07:23 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether the First Information Report should be quashed.
Whether the FIR prima facie discloses commission of a cognizable offence.
Colour shows how this judgement treated each authority
State of Telangana Vs. Habib Abdullah JellaniRelied on¶10
State of Telangana Vs. Habib Abdullah Jellani, (2017) 2 SCC 779 · Who else cites this
Neeharika Infrastructure Pvt. Ltd. Vs.State of Maharashtra and othersRelied on¶10
Neeharika Infrastructure Pvt. Ltd. Vs.State of Maharashtra and others; (2021) SCC Online SC 315 · Who else cites this
Ram Lakhan
State Of UP
Ashwani Kumar Mishra
Rajnish Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
