Petitioner sought quashing of FIR under Sections 147, 148, 307 IPC alleging absence from scene. Court examined injury report finding allegations serious and non-concocted. Held alibi not relevant for FIR quashing; petition dismissed.
Quashing of FIR dated 06.06.2023 rejected; writ petition dismissed without prejudice to bail right.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Neutral Citation No. - 2023:AHC:164724-DB
Court No. - 43
Case :- CRIMINAL MISC. WRIT PETITION No. - 12260 of 2023 Petitioner :- Rohit Yadav Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Hari Bans Singh,Dharm Jeet Singh Counsel for Respondent :- G.A.
Hon'ble Anjani Kumar Mishra,J. Hon'ble Vivek Kumar Singh,J.
Heard learned counsel for the petitioner, learned A.G.A. for the State and perused the record.
The instant writ petition seeks quashing of the FIR dated 06.06.2023 giving rise to Case Crime No.0298 of 2023, under Sections 147, 148, 307 I.P.C., Police Station- Kotwali, DistrictBallia.
The contention of the learned counsel for the petitioner is that on the date of alleged incident, petitioner was at his work place i.e. Bhiwandi.
Consequent to the order of this Court, learned AGA has produced injury report of injured Shivam Rai, who had suffered three injuries and out of three injuries, two of them are incised wounds near pinna, which wounds were found bleeding. There is yet another wound, however, the same is found on the outer part of the thigh.
In view of the injury report, it cannot be said that the F.I.R. is concocted.
Upon hearing learned counsel for the parties and upon a perusal of the record, we find that the submissions made on behalf of the petitioner that he was not present on the scene of occurrence is his alibi, which cannot be looked into while dealing with a writ petition seeking quashing of a first information report.
Moreover, the allegations made in the First Information Report clearly disclose commission of cognizable offences and the allegations are serious in nature. Therefore, prayer of the petitioner to quash the First Information Report is completely misconceived and is rejected.
The writ petition is therefore dismissed, without prejudice to the right of the petitioners to apply for bail/anticipatory bail.
Order Date :- 16.8.2023 Bhanu
Digitally signed by :- BHANU PRATAP KUSHWAHA High Court of Judicature at Allahabad
3 issues framed by the court
Whether an alibi claim entitles the petitioner to quash the FIR.
Whether the FIR discloses commission of cognizable offences warranting trial.
Whether serious allegations in the FIR preclude the quashing prayer.
1 provisions across 1 enactments
Rohit Yadav
State Of U.P.
2 Others
Anjani Kumar Mishra
Vivek Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
