Hon'ble Saurabh Lavania,J.
Heard.
By means of this petition, the petitioner seeks issuance of a writ in the nature of certiorari quashing First Information Report dated 21.04.2021 bearing FIR No.0046 of 2021, under Sections- 147, 148, 149, 452, 307, 302 IPC & 27/30 Arms Act, Police Station- Karaundikala, District- Sultanur.
The contention of learned Counsel for the petitioner is that 17 persons have been accused in the FIR of the offence under various sections including 302 IPC. However, as far as the petitioner is concerned, he was not at Sultanpur, but was at Lucknow as is evident from the CCTV footage dated 21.04.2021 at about 05:00 A.M., he was available in the medical shop and purchasing some medicine. He has been falsely implicated in the present case.
It may be a ground for seeking bail, but there is no reason for us to quash the FIR impugned herein, on this ground. As far as the writ proceedings for quashing of FIR is concerned, we are of the view that there is no law for quashing of FIR in respect of some of the petitioners while maintaining it in respect of other petitioners. The investigation is to take place on the basis of FIR which is impugned herein, wherein 17 persons are accused.
For all these reasons and the factual issues to be determined during investigation, we are not inclined to interfere in the matter. We accordingly dismiss this petition, however, without prejudice to the rights of the petitioner to avail other remedies by way of seeking bail as per law.
Order Date :- 18.5.2021 Jyoti/-