Hon'ble Vedpal,J.
Heard learned counsel for the petitioners and learned Additional Government Advocate.
The petitioners by means of this writ petition under Article 226 of Constitution, have prayed for quashing FIR relating to case crime no.1441 of 2009 under Sections 323, 324, 504 & 352 IPC read with Section 3 (i) (x) of the SC/ST Act of Police Station Salone, district Rae Bareli.
We have gone through the contents of the FIR as well as FIR relating to Case Crime No. 1441-A under sections 147, 323 & 352 IPC of Police Station Salone District Rae Bareli, a copy of which has been annexed as Annexure-2 to the Writ Petition.
There are cross FIRs as such, the factum of incident is admitted. Both the parties have received injuries in the incident. Which of the party was the aggressor is a matter of investigation. Even otherwise, in our opinion, since the allegations made in the FIR disclose commission of cognizable offence as such the same cannot be quashed.
However, it is directed that if the petitioners surrender before the court concerned and move application for bail, the bail application shall be heard and disposed of expeditiously by the courts below. Investigation shall go on and the petitioner shall cooperate with the same.
Subject to the above, the writ petition is finally disposed of.
Order Date :- 18.1.2010 anb