Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 24161 of 2019 Petitioner :- Mahendra Kumar @ Monu And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Surendra Kumar,Ram Kumar Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J.
Hon'ble Virendra Kumar Srivastava,J.
Heard learned counsel for the petitioners, learned AGA for respondents No. 1 to 3 and perused the record.
The instant petition seeks quashing of the first information report dated 2.11.2019, registered as Case Crime No. 176 of 2019, at P.S. Khakhreru, District Fatehpur, under Sections 376, 328, 326-A, 420 I.P.C.
The allegations in the impugned first information report disclose commission of cognizable offence and it appears that in the statement of victim recorded under Section 164 Cr.P.C. she has again supported the prosecution case and has added the name of petitioner No.2 as a privy to the crime.
The contention of the learned counsel for the petitioners is that same incident has been reported by the informant through an application under Section 156(3) Cr.P.C. in which a different place of occurrence has been shown and, therefore, the allegations are false.
It is not the case of the petitioners that the impugned first information report is the second F.I.R. of the same crime.
It is well settled legal principle that statement made in the first information report is not a substantive piece of evidence and can be utilized to contradict or corroborate its maker when he or she is examined as a witness during trial and, therefore, on the above ground, the prayer of the petitioners to quash the first information report cannot be accepted, particularly, when the allegations find support in the statement recorded under Section 164 Cr.P.C.
The petition is dismissed.
Order Date :- 26.11.2019 Vandana