Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 24164 of 2019 Petitioner :- Vikash And 3 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sandeep Kumar Gupta,Bratendra Singh Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J.
Hon'ble Virendra Kumar Srivastava,J.
Heard learned counsel for the petitioners, learned A.G.A. for respondents No. 1 to 3 and perused the record.
The instant petition seeks quashing of the first information report dated 10.11.2019, registered as Case Crime No. 506 of 2019, under Section 307 IPC, at P.S. Sadabad Kotwali, District Hathras.
The allegation in the impugned first information report discloses commission of cognizable offence and a person has also received gunshot injury.
The contention of the learned counsel for the petitioners is that the petitioners have been falsely implicated.
It is well settled that correctness of the allegations is not to be tested in writ jurisdiction at this stage when only the allegations are to be seen so as to find out whether commission of cognizable offence is disclosed. As the first information report discloses commission of cognizable offence; the petitioners are named in the first information report; and a person has also received gunshot injury, the petition is misconceived and is accordingly dismissed.
Order Date :- 26.11.2019 Vandana