Court No. - 33
Case :- CRIMINAL MISC. WRIT PETITION No. - 1489 of 2019 Petitioner :- Ompal Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Mohammad Khalid Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J. Hon'ble Vivek Varma,J.
Heard Sri Mohammad Khalid, learned counsel for the petitioner, learned AGA for the respondent nos. 1, 2 and 3 and perused the record.
The instant petition seeks quashing of the First Information Report dated 17.12.2018 registered at Police Station Baradari, District Bareilly as Case Crime No. 1818 of 2018 under Sections 504, 353, 332, 186, 307 IPC.
A perusal of the FIR would reveal that in connection with fixing of his duty, the accused entered the office and started abusing the person In-charge and thereafter Dinesh (co-accused) fired from his pistol which, by providence, missed. It is also alleged that Dinesh alongwith Ompal (the petitioner herein) indulged in Marpeet.
The incident is said to have been witnessed by a number of persons.
The contention of learned counsel for the petitioner is that there is no injury report in support of the allegations and the allegations are nothing but false.
The incident is alleged to have occurred within the premises of the Home Guard Office and there are witnesses of the incident. The allegations are serious as they relate to a uniformed force.
As the allegations do make out commission of cognizable offences, no case for quashing of the First Information Report or to interfere with the investigation is made out.
The petition is dismissed.
Order Date :- 22.1.2019 Lbm/-