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Rajendra Kumar Yadav @ Rajendra Prasad Yadav @ Raju Yadav And 7 Others v. State Of U.p. And 2 Others

Rajendra Kumar Yadav @ Rajendra Prasad Yadav @ Raju Yadav And 7 Others v. State Of U.p. And 2 Others

(High Court Of Judicature At Allahabad)

CRIMINAL MISC. WRIT PETITION No. - 20552 of 2022 | 19-01-2023

1. Supplementary affidavit filed today in Court is taken on record.

2. Heard learned counsel for the petitioners, learned counsel for the first informant and AGA for the State-respondents.

3. The instant writ petition seeks quashing of the F.I.R. dated 12.12.2022 giving rise to Case Crime No.617 of 2022, under Sections 147, 148, 323, 504, 506, 427, 324, 308, 394 I.P.C. and Section 3(2)(Va) and 3(1)(Dha) of SC/ST Act, Police StationManjhanpur, District-Kaushambi as well as not to arrest the petitioner in pursuance of the impugned FIR.

4. Contention of counsel for the petitioners is that the injury reports that have been produced by the learned AGA do not reveal any underlying fracture.

5. Be that as it may, the injury reports indicate that there are as many as three injuries on the head, including one, which is a lacerated wound. Under the circumstances, the allegations made in the FIR cannot be said to be absolutely fantastic or completely concocted.

6. Since, the allegations made in the First Information Report definitely contain the ingredients of cognizable offence., the impugned FIR cannot be quashed.

7. Under such circumstances, the writ petition is dismissed without prejudice to the right of the petitioners to apply for bail/anticipatory bail.

Advocate List

  • Pusp Raj Singh,Rajesh Singh

  • G.A.,Pankaj Kumar Ojha

Bench
  • HON'BLE JUSTICE ANJANI KUMAR MISHRA
  • HON'BLE JUSTICE GAJENDRA KUMAR
Eq Citations
  • LQ
  • LQ/AllHC/2023/266
Head Note

Criminal Procedure Code, 1973 — S. 482 — Impugned FIR — Quashing of — Petitioner seeking quashing of FIR on ground that injury reports did not reveal any underlying fracture — However, injury reports indicating as many as three injuries on head, including one, which is a lacerated wound — Held, allegations made in FIR cannot be said to be absolutely fantastic or completely concocted — Since, allegations made in FIR definitely contain ingredients of cognizable offence, impugned FIR cannot be quashed — Constitution of India, Art. 21