Court No. - 33
Case :- CRIMINAL MISC. WRIT PETITION No. - 3628 of 2019 Petitioner :- Parvez And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Madhava Nand Shukla Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J. Hon'ble Vivek Varma,J.
Heard learned counsel for the petitioners, learned AGA for the State- respondents and perused the record.
Instant writ petition seeks quashing of the FIR dated 19.01.2019, registered as Case Crime No. 0086 of 2019, under Sections 452, 323, 504, 506 IPC at P.S. Kotwali Nagar, District Muzaffar Nagar.
Allegations, in the FIR, are to the effect that the accused persons including the petitioners came armed with lathi/danda as well as pistol and entered the house of the informant and assaulted the family members.
It is stated that the informant and his brother Shahnawaz has suffered injuries.
On the last date, we had required learned AGA to seek instructions as to whether any grievous injury has been found or not.
Learned AGA has stated that though no grievous injury was sustained but the photographs of the spot suggest that gun shots were fired because there are gun shot marks on the door of the house of the informant.
At this stage, learned counsel for the petitioners has submitted that an obscene video of the daughter of the petitioner no. 1 was made viral by the accused persons, of which complaint was made, therefore, false allegations have been levelled.
It is well settled that the correctness of the allegations is not to be tested ordinarily in writ jurisdiction. As first information report discloses commission of cognizable offence and there appears injury report in support of the prosecution case, no interference is warranted in the matter. The prayer of the petitioner to quash the writ petition cannot be accepted. Petitioners are at liberty to apply for bail Subject to above, the petition stands dismissed.
Order Date :- 27.2.2019 RavindraKSingh