Hon'ble Saurabh Lavania,J.
Heard.
The petitioner seeks issuance of a writ in the nature of certiorari quashing First Information Report dated 09.03.2021 arising out of Case Crime No. 87 of 2021, under Sections 147/148/ 149/ 143/ 504/506/307/427 IPC and 7 Prevention of Damage to Public Property Act, 1984, Police Station Gangaghat, District Unnao.
The contention of learned Counsel for the petitioner is that even on a bare reading of the impugned FIR, no offence under Section 307 IPC is made out and other offences carry the sentence of 7 or less than 7 years. He says that even in the FIR, the role of firing has been assigned to Cheenu alias Suraj and not to the petitioner. Therefore, even if the FIR is taken at its face value, the offence under Section 307 IPC is not made out against the petitioner.
Be that as it may, this may be taken as a ground for seeking bail, but there is no reason for us to quash the FIR impugned herein, on this ground. We are of the view that petitioner may avail the remedies available under Section 438/439 Cr.P.C.
It is accordingly dismissed, however, without prejudice to the rights of the petitioner to avail other remedies as may be available to him in law.
Order Date :- 20.5.2021/Jyoti/-