Mukesh Kumar and 3 Others v. State of U.P. and 2 Others

Court No. - 43 Case :- CRIMINAL MISC. WRIT PETITION No. - 17573 of 2023 Petitioner :- Mukesh Kumar And 3 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Bhaskar Bhadra Counsel for Respondent :- G.A.,Santosh Kumar Singh,Syed Wajid Ali Hon'ble Anjani Kumar Mishra,J. Hon'ble Arun Kumar Singh Deshwal,J.

¶1Heard learned counsel for the petitioners, learned counsel for the first informant and learned A.G.A. for the State.

¶2The instant writ petition seeks quashing of the FIR dated 28.09.2023 giving rise to Case Crime No.386 of 2023, under Sections 307, 323, 427, 452 and 504 I.P.C., Police Station-Bithari Chainpur, District-Bareilly.

¶3The contention of learned counsel for the petitioners is that the First Information Report is by way of counter-blast and is concocted.

¶4Learned AGA has pointed out that two of the injured, namely, Sumit Patel and Chndrabhan have suffered injuries on the head.

¶5Upon hearing learned counsel for the parties and upon a perusal of the record, we find that the submissions made on behalf of the petitioners are his defence, which cannot be looked into while dealing with a writ petition seeking quashing of a first information report.

¶6Moreover, the allegations made in the First Information Report clearly disclose commission of cognizable offences and the allegations are serious in nature. Therefore, prayer of the petitioners to quash the First Information Report is completely misconceived and is rejected.

¶7The writ petition is therefore dismissed, without prejudice to the right of the petitioners to apply for bail/anticipatory bail. Order Date :- 29.11.2023 Anjali High Court of Judicature at Allahabad