Kamruddin v. State of U.P. and 3 Others

Court No. - 45 Case :- CRIMINAL MISC. WRIT PETITION No. - 16866 of 2023 Petitioner :- Kamruddin Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Nitin Kumar Srivastava Counsel for Respondent :- G.A. Hon'ble Vivek Kumar Birla,J. Hon'ble Vinod Diwakar,J.

¶1Heard Shri Nitin Kumar Srivastava, learned counsel for the petitioner, Shri G.P. Singh, learned A.G.A. for the State-respondents and perused the record.

¶2The relief sought in this petition is for quashing of the First Information Report dated 28.09.2023 registered as Case Crime No. 0332 of 2023, under Sections 452, 323, 504, 506 & 308 I.P.C. and 3(2) (v) SC/ ST Act, 1989, Police Station Bindki, District Fatehpur.

¶3Submission of the learned counsel for the petitioner is that the First Information Report has been lodged against the petitioner on false ground and he has not committed any offence and the injuries suffered by the complainant's mother and father are extremely simple in nature and it is due to rivalry between the parties, impugned F.I.R. has been lodged against the petitioner.

¶4Per contra, learned A.G.A. submits that the as per medical report, injury suffered to the mother and the father of the complainant are severe in nature and as such the petitioner is not liable to be granted any relief.

¶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.

¶7The writ petition stands dismissed. Order Date :- 28.10.2023 Anurag/- High Court of Judicature at Allahabad