Court No. - 40
Case :- CRIMINAL MISC. WRIT PETITION No. - 3584 of 2021 Petitioner :- Bhupendra And 4 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Surendra Kumar Tripathi Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J.
Hon'ble Syed Aftab Husain Rizvi,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 24.02.2021 registered as Case Crime No.102 of 2021, under Sections 147, 148, 149, 323, 452, 354(Ka), 354(Kha), 504, 506 IPC; and Section 3(2)(v) of S.C./S.T. Act, P.S. Tajganj, District Agra.
The allegations in the impugned first information report are in respect of an incident dated 21.06.2020 wherein the allegations are of forming an unlawful assembly; entering the house of the informant; and insulting as well as assaulting the informant and his family, resulting in injuries.
The contention of the learned counsel for the petitioner is that the allegations are false; in respect of the incident dated 21.06.2020 there is already a report lodged from the side of the petitioner whereas the impugned first information report is highly belated and has been lodged through an application 156(3) Cr.P.C.
We have carefully perused the record. A perusal thereof would reveal that the informant's wife had allegedly given an application on 25.06.2020 to the S.S.P. as well as other police authorities but the same was not registered she was therefore constrained to move an application under Section 156(3) Cr.P.C.
Under the circumstances, as the allegations made disclose commission of cognizable offence, the matter would have to be investigated. It would not be appropriate on our part to express any opinion on the correctness of the allegations, at this stage. Hence, 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 :- 24.5.2021 AKShukla/-