Court No. - 33
Case :- CRIMINAL MISC. WRIT PETITION No. - 2308 of 2019 Petitioner :- Mohd Azad And 5 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Abhay Pratap Singh,Abhay Pratap Singh Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J. Hon'ble Vivek Varma,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 28.12.2018 registered as Case Crime No.1307 of 2018, under Sections 147, 323, 332, 353, 504, 506 IPC, P.S.
Surajpur, District Gautam Budh Nagar.
A perusal of the first information report would reveal that there are specific allegation against the petitioner of having assaulted the Forest Officers and of interfering in their official work. The first information report has been lodged by the Forest Guard.
As the allegations do make out commission of cognizable offence, no case for quashing the first information report or to interfere with the investigation is made out.
The contention of the learned counsel for the petitioners that they have been falsely implicated can be considered in a bail prayer but not in writ jurisdiction for the purpose of quashing the first information report. The petition is dismissed.
Order Date :- 31.1.2019 AKShukla/-