Court No. - 40
Case :- CRIMINAL MISC. WRIT PETITION No. - 2759 of 2021 Petitioner :- Ram Babu Respondent :- State Of U P And 3 Others Counsel for Petitioner :- Abhishek Srivastava,Priyanka Srivastava Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J.
Hon'ble Rohit Ranjan Agarwal,J.
Heard learned counsel for the petitioner; learned A.G.A. for the respondents 1, 2 and 3; and perused the record.
The instant petition seeks quashing of the first information report dated 06.03.2021 registered as Case Crime No.67 of 2021, under Sections 307, 352, 506 IPC, P.S. Allahganj, District Shahjahanpur.
The allegations in the impugned first information report is that the petitioner using his father's licenced weapon made an attempt on the life of the informant and also followed the informant when he tried to escape.
The contention of the learned counsel for the petitioner is that the allegations are absolutely false and is not supported by any injury report.
Be that as it may, the correctness of the allegations is not, ordinarily, to be tested in writ jurisdiction as it would depend upon the material collected during the course of investigation and the evidence led in trial, if any required. Moreover, it is not the requirement of law that where attempt on one's life is made, particularly, with a firearm, the victim must suffer some injury before the accused could be prosecuted for an offence punishable under Section 307 IPC. Therefore, 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 apply for bail.
Order Date :- 7.4.2021 AKShukla/-