Court No. - 40
Case :- CRIMINAL MISC. WRIT PETITION No. - 3895 of 2021 Petitioner :- Jagdish And 7 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Dinesh Kumar 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, 2 and 3; and perused the record.
The instant petition seeks quashing of the first information report dated 07.04.2021 registered as Case Crime No.189 of 2021, under Sections 147, 148, 149, 427, 323, 324, 307, 504, 506 IPC, P.S. Goverdhan, District Mathura.
The allegation in the impugned first information report which has been registered through an application under Section 156(3) Cr.P.C. is with regard to the accused having formed an unlawful assembly and of having launched an attack on the informant side, resulting in injuries. It is alleged that son of the informant, namely, Deepak Kumar, has received serious head injuries.
The contention of the learned counsel for the petitioners is that the injuries are simple in nature and the allegations are not correct.
Whether the allegations are true or false is to be determined on the basis of material collected during the course of investigation and the evidence led in trial, if any required, and therefore, on the grounds taken, the prayer of the petitioners to quash the first information report cannot be accepted, at this stage.
The petition is dismissed without prejudice to the right of the petitioners to apply for bail/anticipatory bail, as may be advised.
Order Date :- 27.5.2021 AKShukla/-
Digitally signed by Justice Manoj Misra Date: 2021.05.28 13:51:32 IST Reason: Document Owner Location: High Court of Judicature at Allahabad Digitally signed by SYED AFTAB HUSAIN RIZVI Date: 2021.05.28 13:54:10 IST Reason: Document Owner Location: High Court of Judicature at Allahabad