Court No. - 33
Case :- CRIMINAL MISC. WRIT PETITION No. - 2198 of 2019 Petitioner :- Amar Singh And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Kuldeep Singh Chahar Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J. Hon'ble Vivek Varma,J.
Heard learned counsel for the petitioners; learned A.G.A. for the respondents 1 and 2; and perused the record.
The instant petition seeks quashing of the first information report dated 07.01.2019 registered as Case Crime No.0006 of 2019, under Section 307 IPC, P.S. Shamshabad, District Agra.
Quashing of the first information report has been sought not on the ground that the FIR does not disclose commission of cognizable offence but on the ground that the allegations are false and there is no injury.
In a case where it is alleged that gun shot was fired by the accused party on the informant and by chance the informant escaped injury, it cannot be said that no offence has been committed. Further, it is well settled that defence of the accused is not to be considered at this stage unless it is of unimpeachable character, which is not the case here.
Under the circumstances, on the grounds taken, the first information report cannot be quashed. The petition is dismissed.
Order Date :- 31.1.2019 AKShukla/-