Court No. - 33
Case :- CRIMINAL MISC. WRIT PETITION No. - 2280 of 2019 Petitioner :- Surendra Chauhan And 2 Others Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Pramod Kumar,Babu Lal Ram Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J. Hon'ble Vivek Varma,J.
Heard learned counsel for the petitioners; learned A.G.A. for respondents 1, 2 and 3; and perused the record.
The instant petition seeks quashing of the First Information Report dated 2.9.2018 registered as Case Crime No. 0119 of 2018, under Sections 147, 452, 336, 323, 504, 506, 427, I.P.C., at Police Station -Nagra , District - Ballia.
The learned counsel for the petitioners does not dispute that a bare reading of the F.I.R., discloses commission of cognizable offence but has contended that there is another version of the incident, which was got registered by the petitioner no. 1 and, therefore, the impugned First Information Report is false.
It is well settled that where there is another version or cross version of the incident both would have to be investigated. The defence of the petitioners is not to seen, at this stage.
Under the circumstances, keeping in mind that the other side has also suffered injuries, no case to quash the First Information Report is made out. The petition is dismissed.
Order Date :- 29.1.2019 Md Faisal