Hariom and 2 Others v. State of U.P. and 3 Others

Court No. - 46 Case :- CRIMINAL MISC. WRIT PETITION No. - 19169 of 2023 Petitioner :- Hariom And 2 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Alok Kumar Srivastava,Shweta Srivastava Counsel for Respondent :- G.A. Hon'ble Ashwani Kumar Mishra,J. Hon'ble Syed Aftab Husain Rizvi,J. There are, prima facie, allegations with regard to commissioning of offence under Section 307 I.P.C. as it is stated that the informant has been fired upon by the accused persons. The F.I.R. can not be quashed only because the informant is alleged to have submitted an affidavit that he has not recognized the accused. Who exactly has committed the offence can only be examined at the stage of investigation. In that view of the matter, the prayer made to quash the F.I.R. in Case Crime No.452 of 2023 under Sections 323, 307 I.P.C., 1860, Police Station Baldev, District Mathura is declined. Writ petition is dismissed, accordingly. Order Date :- 8.12.2023 MN/- High Court of Judicature at Allahabad