Court No. - 45
Case :- CRIMINAL MISC. WRIT PETITION No. - 14658 of 2020 Petitioner :- Sohanpal And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sushil Kumar Shukla Counsel for Respondent :- G.A.
Hon'ble Pritinker Diwaker,J. Hon'ble Deepak Verma,J.
Heard Mr. S.K. Shukla, learned counsel for the petitioners and Mr. Awadhesh Kumar Shukla, learned counsel for the State- respondents.
This writ petition has been filed by the petitioners seeking quashment of FIR dated 22.9.2020 in respect of Crime No.251 of 2020 for the offence under Sections 307, 352, 34 of IPC, Police Station Saroorpur, District Meerut.
Learned counsel for the petitioners submits that no fire arm injury has been sustained by any one. He further submits that it is a family dispute which has been given a colour of serious nature just to ensure false implication of the petitioners. He submits that investigation may go on but till then protection be granted to the petitioners and they may not be arrested.
On the other hand, opposing this submission, it has been argued by the State counsel that in a case under section 307 of IPC, injury is not necessary and so far as the prayer for granting of interim relief is concerned, the same is barred in view of the decision of the Apex Court in State of Telangana vs. Habib Abdullah Jeelani and others, 2017 (2) SCC 779 and the decision of Full Bench of this Court in Ajit Singh @ Muraha vs. State of U.P. (2006 (56) ACC 433) and further in view of order dated 19.11.2020 passed by the Apex Court in the case of Samiksha Singh @ Nikki vs State of U.P. and other in Special Leave to Appeal (Criminal) No. 4650 of 2020.
From a bare reading of the FIR, a cognizable offence is made out against the petitioners. It is a settled position of law that in the case of 307 of IPC, sustaining injury is not necessary.
Considering the law laid down in the aforesaid judgements, we are not inclined to entertain the writ petition and the same is accordingly, dismissed.
The party shall file computer generated copy of this order downloaded from the official website of the High Court, Allahabad, self attested by the petitioner(s) along with a self attested identity proof of the said person(s) (preferably Aadhar Card) mentioning the mobile number(s) to which the said Aadhar Card is linked.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court, Allahabad and shall made a declaration of such verification in writing.
Order Date :- 6.1.2021 RK