Court No. - 33
Case :- CRIMINAL MISC. WRIT PETITION No. - 1503 of 2019 Petitioner :- Smt. Rubi Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Mithilesh Kumar Shukla,Diwanshu Tiwari Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J. Hon'ble Vivek Varma,J.
Heard learned counsel for the petitioner, learned AGA for the State respondents and perused the record.
Instant writ petition seeks quashing of the FIR dated 24.10.2018 registered as Case Crime No. 599 of 2018, under Sections 307,324,323,504 IPC, P.S. Gurusahaiganj, District Kannauj.
It appears that initially a Non Cognizable Report was registered as NCR No. 395 of 2018 and, thereafter, on an application under Section 155(2) Cr.P.C., the police was directed to investigate the matter by an order dated 10.10.2018 passed by Judicial Magistrate, Kannauj, where-after, upon consideration of the injury report as well as supplementary injury report the matter was registered as Case Crime No. 599 of 2018.
Although, initial NCR does not disclose the details of the incident as also the nature of the injury suffered by the victim but the injury reports, which are there on record, do disclose that there is incised wound on the left side of the chest, apart from other injuries, in so far as Irshad is concerned, and there also appears to be evidence of metallic density of radio opaque body on the left side of the chest, which may suggest injury caused by firearm.
Contention of learned counsel for the petitioner is that the injuries are all fabricated and that the incident had not occurred in the manner in which it has been alleged in the application seeking investigation under Section 155(2) Cr.P.C.
Be that as it may, as the matter was investigated, pursuant to an order passed by the Judicial Magistrate, and, thereafter, on the basis of the injury reports, Case Crime No. 559 of 2018 has been registered and the injuries are on vital parts of the body, no case for interference is made out.
The petition is dismissed.
Order Date :- 22.1.2019 RavindraKSingh