Court No. - 33
Case :- CRIMINAL MISC. WRIT PETITION No. - 36368 of 2018 Petitioner :- Smt. Poonam And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ramanuj Tripathi Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J. Hon'ble Vivek Varma,J.
Heard Sri Ramanuj Tripathi, learned counsel for the petitioners, learned AGA for the respondent nos. 1, 2 and 3 and Sri Hemant Sharma, who has put in appearance on behalf of the respondent no.4; and have perused the record.
The instant petition seeks quashing of the First Information Report dated 11.08.2018 registered as Case Crime No. 0164 of 2018, under Section 307 IPC, police Station Ahmadgarh, District Bulandshahar.
The allegation is in respect of attack on the brother of the informant by firearms resulting in injuries.
Learned counsel for the petitioners has submitted that the injury report does not disclose any serious injury, therefore, no offence punishable under Section 307 IPC is made out.
In a case where injury is caused by the gun shots, even if the injury caused is not serious, it cannot be said that no offence punishable under Section 307 IPC is made out. Because, ultimately, it is a matter of evidence as to with what intention the accused had inflicted those injuries.
The petition is dismissed.
Order Date :- 22.1.2019 Lbm/-