Court No. - 33
Case :- CRIMINAL MISC. WRIT PETITION No. - 4924 of 2019 Petitioner :- Rahul (Leman Bale) And 3 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Krishna Kumar Patel,Bajrang Lal Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J. Hon'ble Vivek Varma,J.
Heard learned counsel for the petitioners; learned A.G.A. for the State-respondent nos.1 and 2; and perused the record.
The instant petition seeks quashing of the FIR dated 6.1.2019 registered as Case Crime No.43 of 2019, under Sections 147, 148, 149, 323, 392 I.P.C., Police Station Shamli, District Shamli.
The allegation made in the FIR do disclose commission of cognizable offence. The victim Mohit has suffered injury and it is alleged that mobile and cash has been looted.
The contention of learned counsel for the petitioners is that incident has not occurred in the manner as alleged in the FIR and there are injuries on the side of the petitioners also.
Be that as it may, on the aforesaid ground, an FIR cannot be quashed, because, as to who is the aggressor would have to be determined on the basis of material collected during the course of investigation and evidence led in trial. Hence, no case for interference is made out.
The petition is dismissed.
The petitioners are at liberty to apply for bail.
Order Date :- 22.2.2019 Ajeet