Hon'ble Vipin Chandra Dixit,J.
Heard learned counsel for the petitioner, learned A.G.A. for the State through video conferencing and perused the record.
The present writ petition has been filed by the petitioner for quashing the FIR dated 19.4.2021 which was registered as Case Crime No. 0106 of 2021, under section 147, 148, 149, 307, 336, 353, 332, 427 IPC and 7 Criminal Law Amendment Act, P.S. Dataganj, District Budaun with a further prayer not to arrest the petitioner in pursuance of the aforesaid case.
Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in the present case due to village Pradhan Election rivalry. The impugned FIR has been lodged by the Police Sub Inspector namely Rajesh Kaushik. In this incident no one has sustained gun shot injury. The allegation against the petitioner is that he assaulted the police party and also damaged the government vehicle of Circle Officer as well as S.D.M. and opened fire upon the police party. False story has been concocted by the prosecution. No such incident has taken place. No offence is made out against the petitioner.
Per contra; learned A.G.A. opposed the prayer for quashing the FIR and argued that from the allegations made in FIR prima facie cognizable offence is made out against the petitioner, therefore, the impugned FIR is not liable to be quashed.
As per FIR on 19.4.2021 at 6:40 P.M. the petitioner assaulted the police party and also opened fire upon the police personnel and damaged the official vehicle of Circle Officer as well as S.D.M. The petitioner is named in FIR. From the allegations made in FIR prima facie cognizable offence is made out against the petitioner.
Considering the facts and circumstances of the case and submissions advanced by the learned counsel for the parties, we do not find any ground to quash the impugned FIR, therefore, the prayer for quashing the same is hereby refused and the writ petition is dismissed.
Order Date :- 17.5.2021 Masarrat