Court No. - 33
Case :- CRIMINAL MISC. WRIT PETITION No. - 1951 of 2019 Petitioner :- Vijendra Bhati And 3 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Anil Kumar Srivastava,Mahendra Pratap,Sunil Kumar Singh Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J. Hon'ble Vivek Varma,J.
A supplementary affidavit has been filed today, which is taken on record.
Heard learned counsel for the petitioners; learned AGA for the State respondent nos. 1 and 2 and perused the record.
The instant petition seeks quashing of the First Information Report dated 29.09.2018, which has been registered as Case Crime No. 1224 of 2018, under Sections 147, 454, 452, 504, 323, 447 IPC, Police Station NOIDA Sector-49, District Gautam Budh Nagar.
The allegation in the FIR is that the accused broke open the lock of the door of the informant's house to occupy it and when informant resisted, he was abused, insulted and assaulted. It is stated in the FIR that there is CCTV footage of the occurrence from a CCTV camera installed in neighbour's house which discloses the involvement of the accused in breaking open the lock of the house of the informant.
Learned counsel for the petitioners has submitted that the petitioners have been falsely implicated and that there is no injury report in support of the allegations.
Be that as it may, the correctness of the allegations are not to be tested, ordinarily, in writ jurisdiction, particularly, during the course of investigation.
In view of the above, as the FIR discloses commission of cognizable offence, no case for quashing of the First Information Report or to interfere with the investigation is made out.
The petition is dismissed.
Order Date :- 29.1.2019 Lbm/-