Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 25950 of 2019 Petitioner :- Dr. Anurag Tandon And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Pankaj Satsangi,Anurag Khanna (Senior Adv.),Syed Imran Ibrahim Counsel for Respondent :- G.A.,Imran Ullah
Hon'ble Manoj Misra,J. Hon'ble Gautam Chowdhary,J.
Heard learned counsel for the petitioners; Sri Deepak Misra, the learned A.G.A. for the respondents 1 and 2; Sri Imran Ullah for the respondent no.3; and perused the record.
The instant petition seeks quashing of the first information report dated 15.12.2019 registered as Case Crime No. 0701 of 2019 at P.S. Hari Parvat, District- Agra, under Sections 147, 148, 149, 354, 323, 326, 313, 427, 452, 504, 506 I.P.C.
The allegations made in the impugned first information report clearly disclose commission of cognizable offence. It has also been alleged that on account of the injury received in the incident the informant has suffered a miscarriage and has lost hearing from right ear.
The contention of the learned counsel for the petitioners is that the allegations are false and they have been set up to create a false cross case to a case lodged against informant's husband and others. It has also been submitted that the other side has been granted anticipatory bail. It has further been submitted that impugned FIR has been lodged with delay.
It is well settled that correctness of the allegations is not to be tested in the writ jurisdiction at the stage of investigation but on the basis of material collected during investigation and the evidence led in trial. Further, on mere ground of delay an FIR cannot be quashed more so where it is alleged that despite effort FIR was not lodged and therefore application was moved under Section 156(3) Cr.P.C.
Under the circumstances, as the allegations made in the impugned first information report clearly disclose commission of cognizable offence, the prayer of the petitioners to quash the first information report cannot be accepted.
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 :- 20.12.2019 Sunil Kr Tiwari