Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 25926 of 2019 Petitioner :- Arun Kumar Yadav Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Shamsuddin Ahmad,Anil Kumar Srivastava Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J. Hon'ble Gautam Chowdhary,J.
Heard learned counsel for the petitioner; learned AGA for respondents 1, 2 and 3; and perused the record.
The instant petition seeks quashing of the first information report dated 11th December, 2019 registered as Case Crime No.0207 of 2019, under Sections 307, 504 and 506 IPC at Police Station Atraulia, District Azamgarh.
The contention of learned counsel for the petitioner is that although the allegations may disclose commission of cognizable offences but the allegations are absolutely false and it is a case where no injury has been caused to the victim.
Whether the allegation is false or correct would have to be determined on the basis of material collected during the course of investigation and since it is alleged that the incident is captured in a video footage, the prayer of the petitioner to quash the first information report cannot be accepted.
The petition is dismissed without prejudice to the right of the petitioner to apply for bail.
Order Date :- 20.12.2019. Rks.