Court No. - 33
Case :- CRIMINAL MISC. WRIT PETITION No. - 5087 of 2019 Petitioner :- Shoeb Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ch. Dil Nisar 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 30.1.2019, registered as Case Crime No. 62 of 2019, under Section 326 A IPC at P.S. Kotwali Dehat, District Saharanpur.
Allegation in the FIR is of throwing acid on informant's daughter. It is alleged that informant's daughter was going to school on her scooty, when two boys, namely, the petitioner and one Aasif, arrived on a motorcycle and threw acid on her.
Statement of the victim has also been recorded under Section 164 Cr.P.C., in which she has disclosed the presence of both the accused. She has also stated that they had been misbehaving with her for quite some time.
Learned counsel for the petitioner has stated that specific role of throwing acid has been attributed to co accused Aasif and, therefore, the case of the petitioner is distinguishable. It has also been submitted that there appears some CCTV footage of the incident, which could be used to demonstrate that the petitioner is not involved.
Be that as it may, it is well settled that the defence of the accused is not to be considered at this stage while the matter is under investigation. Even otherwise, since the allegations are against the petitioner as well and presence of both accused has been shown in the statement of the victim, who has suffered injuries, no case for interference is made out.
The writ petition is dismissed.
Order Date :- 25.2.2019 RavindraKSingh