Court No. - 44
Case :- CRIMINAL MISC. WRIT PETITION No. - 7528 of 2021 Petitioner :- Puneet Kumar @ Tinku Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ranvijay Chaubey,Vivek Kumar Singh Counsel for Respondent :- G.A.
Hon'ble Mrs. Sunita Agarwal,J. Hon'ble Mrs. Manju Rani Chauhan,J.
Heard learned counsel for the petitioner and perused the record.
By means of the present petition, the petitioner herein seeks for quashing of the first information report dated 03.04.2021 registered at Case Crime No.98 of 2021, under Sections 147, 148, 149, 307, 308, 325, 333, 353, 504, 506 & 34 IPC and Section 7 of the Criminal Law Amendment (Act)' 1932, P.S.- Mohammadabad, District- Fatehgarh/Farrukhabad.
The contention of the learned counsel for the petitioner is that even if the version of the prosecution in the first information report is as it is accepted, no offence under Section 307 IPC is made out. It is then submitted that the petitioner is not named in the first information report. His implication at the stage of investigation is false and concocted.
Be that as it may, all these submissions of the counsel for the petitioner cannot be entertained for the simple reason that from a perusal of the FIR it cannot be said that no cognizable offence is made out. The question as to whether the offence under Section 307 IPC is made out or not, is subject matter of pending investigation. Any interference at this stage may impede the process of speedy investigation.
The writ petition is, accordingly, dismissed.
Order Date :- 21.9.2021 P Kesari