Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 24186 of 2019 Petitioner :- Akshay Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ajay Kumar Jagdish Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J. Hon'ble Virendra Kumar Srivastava,J.
Heard learned counsel for the petitioner; learned AGA for respondents 1 and 2; and perused the record.
The instant petition seeks quashing of the first information report dated 13th October, 2019 registered as Case Crime No.385 of 2019, under Sections 323, 504, 506 and 325 IPC and Section 3(1) d, dh; 3(2)5 of Scheduled Caste and Scheduled Tribes Act at Police Station Sarsawa, District Saharanpur.
The allegations made in the impugned first information report disclose commission of cognizable offences and it is also disclosed that injury has been sustained by the father of the victim.
Under the circumstances, the prayer of the petitioner to quash the first information report cannot be accepted.
At this stage, learned counsel for the petitioner submits that the allegation made in the first information report does not disclose commission of any offence punishable under SC/ST Act but unnecessarily the police has added said provision.
It is well settled that the first information report is not to be treated as an encyclopedia of all the allegations and therefore if material comes during the course of investigation disclosing commission of offence punishable under the SC/ST Act, the Investigating Agency would be well within its jurisdiction to add such charge.
Under the circumstances, on the grounds taken, the prayer of the petitioner to quash the first information report is rejected. The petition is dismissed without prejudice to the right of the petitioner to apply for bail.
Order Date :- 26.11.2019. Rks.