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

Court No. - 43 Case :- CRIMINAL MISC. WRIT PETITION No. - 17637 of 2023 Petitioner :- Aslam And 3 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Mohd. Shaafi,Shujauddin Counsel for Respondent :- G.A.,Javed Alam Hon'ble Anjani Kumar Mishra,J. Hon'ble Arun Kumar Singh Deshwal,J. Heard learned counsel for the petitioners, learned counsel for the first informant and learned A.G.A. for the State. The instant writ petition seeks quashing of the FIR dated

12.10.2023 giving rise to Case Crime No. 291 of 2023, under Section 323, 324, 325, 308, 504, 506 I.P.C., P.S. Bachhraun, District J.P. Nagar (Amroha). It is contended by learned counsel for the petitioners that the F.I.R. is fabricated and has been filed only to harass the petitioners on account of village party bandi. Learned A.G.A. has pointed out that there are injuries on the body of two persons, namely, Sultan and Iqbal. One of them also suffered from occipital bone injury. In view of the injury report, it cannot be said that the F.I.R. is either fabricated or concocted. Presumption is contrary in view of the injuries noticed above. Moreover, the allegations in the F.I.R. contain ingredients of cognizable offence, therefore also the F.I.R. cannot be quashed. The writ petition is therefore dismissed, without prejudice to the right of the petitioners to apply for bail/anticipatory bail. Order Date :- 21.11.2023 Vandana High Court of Judicature at Allahabad