Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 25789 of 2019 Petitioner :- Arvind @ Arvind Kumar And 8 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Santosh Kumar Shukla Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J. Hon'ble Gautam Chowdhary,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 27.11.2019 registered as Case Crime No.626 of 2019, under Sections 147, 323, 325, 308, 504, 506, 406 IPC, P.S. Dibiyapur, District Auraiya.
The allegations made in the impugned first information report clearly disclose commission of cognizable offence and persons have also received injuries.
The contention of the learned counsel for the petitioners is that the allegations are false and the first information report has been lodged with delay.
Be that as it may, on the aforesaid grounds, the first information report cannot be quashed as correctness of the allegations would depend on the material collected during investigation and the evidence led in trial.
The petition is dismissed without prejudice to the right of the petitioners to apply for bail or anticipatory bail, as may be advised.
Order Date :- 18.12.2019 AKShukla/-