Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 37567 of 2018 Petitioner :- Mohd Mehndi And 2 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Syed Ahmed Faizan,Syed Farman Ahmad Naqvi Counsel for Respondent :- G.A.
Hon'ble Ram Surat Ram (Maurya),J. Hon'ble Anil Kumar-IX,J.
Vakalatnama has been filed by Shri Dinesh Mishra Advocate on behalf of respondent no. 4 today in the Court, is taken on record.
Heard Shri Syed Farman Ahmad Naqvi, learned counsel for petitioners, Shri Dinesh Sharma learned counsel for respondent no. 4 and and learned A.G.A. for State of Uttar Pradesh.
This writ petition has been filed for quashing the F.I.R. dated 03.12.2018 registered as Case Crime No. 502 of 2018, under Sections 307, 504 & 506 I.P.C. and under Section 7 Criminal Law Amendment Act 1932, Police Station- Manjhanpur, District- Kaushambi.
In the F.I.R. in substance the allegation has been made that on 03.12.2018 at 5:30 p.m. the accused persons who were armed with pistol attacked upon the first informant and his family members in which Sarif Ahmad and Munis Ahmad received gun shot injury. The Sareef Ahmed was medically examined on 03.12.2018 at 6:45 p.m. in which gun shot injury was found in right side of ankle joint and no blackening and tattooing were found. Munis Ahmad was medically examined on 03.12.2018 at 6:30 p.m. on his body three gun shot injuries were found. Thus, the F.I.R. version is fully corroborated with the medical report and at present it is not liable to be quashed.
However, if petitioners appear and surrender before the court below and apply for bail, then their prayer for bail shall be considered and decided in accordance with law as early as possible.
With the above directions, this writ petition is disposed of finally.
Order Date :- 20.12.2018 Sharad/-