Court No. - 43
Case :- CRIMINAL MISC. WRIT PETITION No. - 2717 of 2019 Petitioner :- Vijay Chauhan And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Deshraj Singh Counsel for Respondent :- G.A.
Hon'ble Pankaj Naqvi,J. Hon'ble Umesh Kumar,J.
Heard learned counsel for the petitioners, the learned AGA and perused the impugned F.I.R, as well as material brought on record.
The relief sought in this petition is for quashing of the F.I.R dated 12.11.2018 registered as Case Crime No. 456 of 2018, under sections 323, 308, 452, 504 IPC, P.S. Ghosi, District- Mau.
Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in the present case. He further submits that in medical no external injury is seen yet FIR is registered under Section 308 I.P.C. coupled with the fact that the petitioners too had lodged an FIR against the informant in respect of same occurence on 8.11.2018, no offence is made out against the petitioners, hence, the same be quashed.
Learned A.G.A, rightly submits that on above grounds FIR cannot be quashed as investigation is pending, cognizable offence is made out.
The writ petition is, accordingly, dismissed.
Order Date :- 31.1.2019//Fhd.