Court No. - 33
Case :- CRIMINAL MISC. WRIT PETITION No. - 1519 of 2019 Petitioner :- Sandeep And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Dinesh Kumar Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J. Hon'ble Vivek Varma,J.
Heard Sri Dinesh Kumar, 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 21.12.2018 registered as Case Crime No.308 of 2018, under Sections 323, 324, 504, 308 and 34 I.P.C., Police Station Simbhawali, District Hapur.
A perusal of the FIR discloses that the father of the informant was assaulted by the accused and he suffered injures and had to be taken to Government Hospital in a serious condition and was, thereafter, referred to Meerut for treatment.
The petitioners have sought quashing of the FIR by stating that on account of the pressure exerted on the police, the police has altered the case to one punishable under Section 308 I.P.C. even though no offence punishable under Section 308 I.P.C. is made out.
The aforesaid contention cannot be accepted, firstly, because there is no injury report on record and, secondly, it is a matter of evidence as to whether the offence punishable under Section 308 I.P.C. is made out or not.
On the aforesaid ground, the FIR cannot be quashed. The petition is dismissed.
Order Date :- 22.1.2019 Ajeet