Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 25871 of 2019 Petitioner :- Rahul Bajpai Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Santosh Kumar Shukla Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J. Hon'ble Gautam Chowdhary,J.
Heard learned counsel for the petitioner; learned A.G.A. for the respondents 1 and 2; and perused the record.
The instant petition seeks quashing of the first information report dated 14.11.2019 registered as Case Crime No.555 of 2019, under Sections 147, 323, 332, 353, 504, 506 IPC, P.S. Phaphund, District Auraiya.
The allegations made in the impugned first information report are in respect of resistance offered by the accused to legitimate police action. It is also alleged that the police force was assaulted.
The contention of the learned counsel for the petitioner is that the allegations are false and, in fact, no injury was caused to anyone.
It is well settled that correctness of the allegations is not to be tested in writ jurisdiction as thay would depend upon the material collected during the course of investigation and the evidence led in trial.
Under the circumstances, the prayer of the petitioner to quash the first information report cannot be accepted. The petition is dismissed without prejudice to the right of the petitioner to seek for bail or anticipatory bail as per advice.
Order Date :- 19.12.2019 AKShukla/-