Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 25874 of 2019 Petitioner :- Sunil Kumar Jaiswal And 4 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ajeet Kumar Srivastava Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J. Hon'ble Gautam Chowdhary,J.
Heard learned counsel for the petitioners; learned A.G.A. for the respondents 1 and 2; and perused the record.
The instant petition seeks quashing of the first information report dated 05.11.2019 registered as Case Crime No.406 of 2019, under Sections 147, 323, 326, 504 IPC and Section 3(2) (v) of S.C./S.T. Act, P.S. Machhali Shahar, District Jaunpur.
The contention of the learned counsel for the petitioners is that although the allegations made in the impugned first information report may disclose commission of cognizable offence but the allegations are absolutely false and, in fact, there is another version of the incident and the petitioners have also sustained injuries.
It is well settled that correctness of the allegations is not to be tested in writ jurisdiction as they would depend upon the material collected during the course of investigation and the evidence led in trial.
Under the circumstances, 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 seek for bail.
Order Date :- 19.12.2019 AKShukla/-