The Court dismissed a Writ Petition seeking quashing of an FIR involving a cross-case scenario where both parties alleged injuries. Finding the incident genuine based on corroborating injuries and matching timelines, the petition was rejected.
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Court No. - 46
Case :- CRIMINAL MISC. WRIT PETITION No. - 2898 of 2023
Petitioner :- Anis Khan And 3 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Pankaj Kumar Tiwari Counsel for Respondent :- G.A.
Hon'ble Anjani Kumar Mishra,J. Hon'ble Ms. Nand Prabha Shukla,J.
Heard learned counsel for the petitioners and learned A.G.A. for the State.
The instant writ petition seeks quashing of the FIR dated 19.01.2023 giving rise to Case Crime No. 0009 of 2023, under Sections 323, 504, 506, 325 IPC, Police Station- Salempur, District- Bulandshahar.
The contention of learned counsel for the petitioners is that impugned FIR is by way of counterblast. The petitioners had lodged an FIR earlier in time on 12.01.2023. There are injuries on the side of the petitioners.
Learned AGA has pointed out that there are injuries on the side of the first informant also.
We have perused the FIR lodged at the instance of the petitioners and also the impugned FIR. The date and time of incident of both these First Information Reports clearly match.
In view of the aforenoted facts, this Court has constrained to hold that the two FIRs are in fact cross-cases regarding the same incident.
Moreover, since there are injuries on both the sides, it cannot be said that either of the FIR is completely false or fabricated. On the contrary, it is clear that same incident had, in fact, taken place.
Under the aforenoted circumstances and since the allegations in the impugned First Information Report constitute a cognizable offence, the writ petition is dismissed , however, without prejudice to the right of the petitioners to apply for bail/anticipatory bail.
Order Date :- 3.5.2023 Shivani
Digitally signed by :- SHIVANI SRIVASTAVA High Court of Judicature at Allahabad
1 issue framed by the court
Whether the Writ Petition seeking quashing of the FIR is maintainable given the existence of both FIRs regarding the same incident causing injuries to both sides.
1 provisions across 1 enactments
Anis Khan And 3 Others
State Of U.P. And 3 Others
Anjani Kumar Mishra
Nand Prabha Shukla
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
