Court No. - 33
Case :- CRIMINAL MISC. WRIT PETITION No. - 5472 of 2019 Petitioner :- Balbir Alias Balram Yadav Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Shesh Narain Mishra Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J. Hon'ble Vivek Varma,J.
Heard learned counsel for the petitioner; learned A.G.A. for the State-respondent nos.1 and 2; and perused the record.
The instant petition seeks quashing of the FIR dated 21.06.2018 registered as Case Crime No.204 of 2018, under Sections 147, 323, 325, 308 I.P.C., Police Station Gola, District Gorakhpur.
The allegation made in the FIR discloses commission of cognizable offences and there are injury reports also in support of prosecution case.
Learned counsel for the petitioner states that petitioner has been falsely implicated. The petitioner has been away from the scene of occurrence in connection with his duty.
It is well settled legal principle that plea of alibi is a plea of defence, which has to be taken and proved at the appropriate stage. It is not to be ordinarily considered and utilized for the purpose of quashing an FIR, particularly, when the matter is under investigation.
The petition is dismissed.
The petitioner is at liberty to apply for bail.
Order Date :- 28.2.2019 Ajeet