Juber Ahmad v. State of U. P. Thru Prin. Secy. Home Deptt and Others
2011-06-24
SHABIHUL HASNAIN, VEDPAL
body2011
DigiLaw.ai
Shabihul Hasnain and Vedpal, JJ. This petition under Article-226 of the Constitution of India has been filed by the petitioner for quashing of the F.I.R. dated 18.5.2011 lodged as Case Crime No.317/2011 under Sections-147, 302, 201 IPC at Police Station-Gosainganj, District-Sultanpur. 2. Notice on behalf of opposite party No.s 1, 2 and 3 has been received by learned A.G.A. Notice against opposite party No.4 is dispensed with. 3. Heard learned counsel for the parties and perused the records of the case. 4. It is submitted by learned counsel for the petitioner that offence Sections-147, 302, 201 IPC is not made out against the applicant as no specific role has been assigned to him and, as such, the impugned F.I.R. lodged against him is liable to be quashed. 5. The petition has been opposed by learned A.G.A. by contending that the allegations prima facie disclose commission of cognizable offence and the the petition has no merit and is liable to be dismissed. 6. We have considered the respective submissions made by the parties in the light of the averments made in the petition. The allegations in the F.I.R. prima facie disclose commission of cognizable offence. The truthfulness or falsity of the allegations made in the F.I.R. can not be looked into at this stage. The investigation is in progress. There appears no sufficient ground to interfere in the matter. No ground exists for quashing the F.I.R. The petition has no merit and is accordingly dismissed.