Court No. - 44
Case :- CRIMINAL MISC. WRIT PETITION No. - 5976 of 2021 Petitioner :- Ishrat And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Devendra Saini Counsel for Respondent :- G.A.
Hon'ble Manoj Kumar Gupta,J. Hon'ble Mohd. Aslam,J.
Heard learned counsel for the petitioners and learned A.G.A. for the State.
The instant writ petition has been filed by the petitioners, praying for quashing of the First Information Report dated 05.07.2021 registered as Case Crime No. 345 of 2021 under Sections 323, 307 I.P.C., police station Seohara, District Bijnor and with a further prayer to stay their arrest during pendency of investigation of the said case.
Submission is that in the impugned F.I.R. the motive to attack the injured persons, has not been disclosed and this itself indicates that the entire story is fictitious.
In the F.I.R. there is specific allegation that the accused persons had badly beaten Ghayasuddin resulting in grievous injuries to him and when the first informant tried to intervene, he was also badly beaten.
Having regard to these allegations which clearly disclose commission of a cognizable offence, we do not find it a fit case where the F.I.R. could be quashed.
The writ petition lacks merit and is accordingly, dismissed.
(Mohammad Aslam, J.) (Manoj Kumar Gupta, J.) Order Date :- 13.8.2021 Shiraz