Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 24229 of 2019 Petitioner :- Satya Prakash @ Satto And 4 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ashutosh Kumar Mishra Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J. Hon'ble Virendra Kumar Srivastava,J.
Heard learned counsel for the petitioners; learned AGA for respondents 1 and 2; and perused the record.
The instant petition seeks quashing of the first information report dated 4th September, 2019 registered as Case Crime No.158 of 2019, under Sections 147, 452, 323, 504, 506 and 307 IPC at Police Station Gonda, District Aligarh.
The contention of learned counsel for the petitioners is that few persons have received injuries on the side of the petitioners also and that the nature of the injuries sustained on the side of the informant is not such that would make out an offence punishable under Section 307 IPC.
Be that as it may, on the contention raised, the prayer of the petitioners to quash the first information report cannot be accepted because as to what offence has been committed would have to be determined on the basis of material collected during the course of investigation and the evidence led in trial. Since, admittedly, the other side has also received injuries in the incident and the allegations made in the first information report discloses commission of cognizable offences, the prayer of the petitioners to quash the first information report cannot be accepted.
The petition is dismissed without prejudice to the right of the petitioners to apply for bail as may be advised.
Order Date :- 28.11.2019. Rks.