Hon'ble Subhash Chandra Sharma,J.
Heard learned counsel for the petitioner, learned A.G.A for the State and perused the record.
The present writ petition has been filed by the petitioner seeking quashing of the F.I.R. dated 30.6.2020 registered as Case Crime No.269 of 2020, under sections 147, 148, 149, 307, 323, 504 I.P.C and section 7 Criminal Law Amendment Act, 1932, police station Iglas, District Aligarh. With a further prayer not to take any coercive action against the petitioner in pursuance of the aforesaid F.I.R.
Submission of learned counsel for the petitioner is that the F.I.R has been lodged by S.S.I. Naresh Singh against the petitioner and six other named persons including one unknown person stating therein that the named accused and 15-16 unknown persons were making fire upon each other with illegal country-made pistol. After information by the public, when the police reached on the spot, after seeing the police the accused persons ran away from the spot. It has further been submitted that from the side of accused persons no F.I.R has been lodged against each other and there is no evidence to show that the petitioner and other named accused were making fire upon each other. No one has sustained injury in the alleged incident. The impugned F.I.R has been lodged by police for the purpose of harassment. The petitioner has falsely been implicated in the present case.No offence is made out against the petitioner. Therefore, the impugned F.I.R is liable to be quashed.
Per contra leaned A.G.A opposed the prayer for quashing the impugned F.I.R and argued that the petitioner is named in the First Information Report. In the First Information Report, it has been mentioned that the petitioner and other named accused along with some unknown persons were making fire upon each other. The incident has been informed by the public to the police. When the police reached on the spot, the named accused person and other unknown persons who were involved in the alleged incident fled away. From the allegation made in the First Information Report, prima facie a cognizable offence is made out against the petitioner. Therefore, the impugned F.I.R is not liable to quashed.
From the allegations made in the First Information Report, it cannot be said that no cognizable offence is made out against the petitioner.
Considering the facts and circumstance of the case and submissions advanced by learned counsel for the parties as well as materials brought on record, we do not find it a fit case for quashing the impugned F.I.R. Therefore, the prayer for quashing the same is, hereby, refused.
Accordingly the writ petition is dismissed.
Order Date :- 13.1.2021 G.S