Court No. - 33
Case :- CRIMINAL MISC. WRIT PETITION No. - 10987 of 2019 Petitioner :- Rahees Yadav Respondent :- State Of U P And 3 Others Counsel for Petitioner :- Ashish Pandey Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J. Hon'ble Suresh Kumar Gupta,J.
Heard learned counsel for the petitioner; learned A.G.A. for the respondents nos. 1, 2 & 3 and perused the record.
The instant petition seeks quashing of the First Information Report dated 14.03.2019 registered as Case Crime No. 0111 of 2019, under Section 307, 506 I.P.C. (Altered Sections 386 & 323 I.P.C.), Police Station Sipari Bazar, District Jhansi.
The allegation in the impugned F.I.R. discloses commission of cognizable offence. However learned counsel for the petitioner submitted that it is a case of no injury and even the date and time of the incident has not been specifically disclosed in the body of the F.I.R. It has also been contended that during the course of investigation, the police had found that no case under Section 307 I.P.C. was made out and, therefore, vide G.D. Entry No. 25, the offences punishable under Sections 386 and 323 have been inserted and currently the matter is under investigation for offences punishable under Sections 386, 323 & 506 I.P.C.
Be that as it may, the correctness of the allegations are not to be tested, ordinarily, in writ jurisdiction and, therefore, the prayer of the petitioner to quash the FIR cannot be accepted. However, we deem it appropriate to dispose off this petition by providing that investigation shall continue and be brought to its logical conclusion, but, subject to petitioner's co-operation in the investigation, the petitioners shall not be arrested till submission of police report under Section 173 (2) Cr.P.C. in the aforesaid case.
It is made clear that this Court has not stayed the investigation of the aforesaid case.
Order Date :- 25.4.2019 Vibha Singh