Bhagwan Das and 2 Others v. State of U.P. and 2 Others

Court No. - 45 Case :- CRIMINAL MISC. WRIT PETITION No. - 15781 of 2023 Petitioner :- Bhagwan Das And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Surendra Pal,Jai Prakash Tripathi Counsel for Respondent :- G.A. Hon'ble Vivek Kumar Birla,J. Hon'ble Vinod Diwakar,J.

¶1Heard learned counsel for the petitioners and learned A.G.A for the State respondents.

¶2The relief sought in this petition is for quashing of the F.I.R. dated 25.5.2023, registered as Case Crime No.248 of 2023, under Sections 323 & 307 IPC, Police Station -Kayamganj, District -Fatehgarh. Further prayer has been made not to arrest the petitioner in the aforesaid case.

¶3Submission of the learned counsel for the petitioners is that the petitioners have been falsely implicated and no offence is made out against the petitioners. It is further submitted that present FIR has been lodged with mala fide intention due to rivalry as in the year 2019, case was lodged against the informant's side and the correct fact is otherwise where the respondent No.3 and other persons have attacked the petitioners.

¶4Learned AGA opposed the prayer for quashing of the FIR, which discloses cognizable offence. It is next submitted that that it is a case where the bullet injuries were suffered by the informant and a cognizable offence is made out against the petitioners.

¶5Perusal of the impugned first information report prima facie reveals commission of cognizable offence.

¶6Therefore, in view of the law laid down by Hon'ble Supreme Court in the case of State of Haryana and others vs. Bhajan Lal and others, 1992 Supp. (1) SCC 335 and M/s Neeharika Infrastructure Pvt. Ltd. vs. State of Maharashtra, AIR 2021 SC 1918 and in Special Leave to Appeal (Crl.) No.3262/2021 (Leelavati Devi @ Leelawati & another vs. the State of Uttar Pradesh) decided on 07.10.2021, no case has been made out for interference with the impugned first information report.

¶4In view of the above, the petition is dismissed. Order Date :- 27.10.2023/LN Tripathi High Court of Judicature at Allahabad