Court No. - 33
Case :- CRIMINAL MISC. WRIT PETITION No. - 1524 of 2019 Petitioner :- Omveer And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Shams Uz Zaman 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 State-respondent nos.1 and 2.
The instant petition seeks quashing of the FIR dated 22.11.2018 registered as Case Crime No.428 of 2018, under Section 324 I.P.C., Police station Thana Bhawan, District Shamli.
The prayer to quash the FIR has been made on the ground that there is cross version of the incident and the dispute is between relatives.
It is well settled that correctness of allegations is not to be tested in writ jurisdiction, particularly, at the stage of investigation. Since FIR discloses commission of cognizable offence, the matter would have to be investigated.
In a cross case as to who is aggressor, is to be determined on the basis of material collected during the course of investigation and evidence led in trial, therefore, no case for interference is made out.
The petition is dismissed.
Order Date :- 22.1.2019 Ajeet