Court No. - 33
Case :- CRIMINAL MISC. WRIT PETITION No. - 1509 of 2019 Petitioner :- Manohar Yadav And 5 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Dhirendra Kumar Srivastava Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J. Hon'ble Vivek Varma,J.
Heard learned counsel for the petitioner; learned A.G.A. for respondent nos. 1 & 2 and perused the record.
Instant petition seeks quashing of the first information report dated 07.11.2018 registered as Case Crime No.239 of 2018 under Sections 147, 148, 308, 323, 504, 506 and 427 I.P.C., Police Station-Chakia, District-Chandauli.
A perusal of the first information report discloses that the accused assaulted not only the informant but his son who suffered head injury. Others have also received injury.
The learned counsel for the petitioner has submitted that an offence punishable under Section 308 I.P.C. would not be made out and therefore, the first information report deserves to be quashed.
The aforesaid contention is misconceived in as much as to what offence has been committed depends not only on the nature and seat of the injury caused but also on the intention with which the injury has been inflicted.
All these are factual aspects of which no proper assessment could be made in writ jurisdiction, particularly, at the stage of investigation. The petition is dismissed.
Order Date :- 22.1.2019 sweta