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Allahabad High Court · body

2015 DIGILAW 2 (ALL)

Ram Mishra v. State of U. P.

2015-01-02

PANKAJ MITHAL, V.K.SHUKLA

body2015
JUDGMENT Hon'ble Pankaj Mithal,J Petitioners, who are four in number, have approached this Court with a request to quash the First Information Report dated 01.12.2014 registered as Case Crime No. 245 of 2014 under Sections 307, 323, 504, 506, 394 and 427 IP.C. Police Station Manda, District Allahabad. 2. Sri Ram Mishra son of Shri Adya Prasad has appeared in person on behalf of himself and on behalf of other petitioners and his submission before this Court is that in the present case as far as petitioner nos. 2 and 4 are concerned, they have been injured in a incident that has taken place on 25.09.2014 and in regard to the same, a FIR has been lodged by one Smt. Kiran Devi and in order to counter the same, present FIR has been lodged wherein petitioners have also been falsely implicated and in view of this it is being stated that as petitioners have been falsely implicated in the aforesaid case and Lekhpal in question has also disowned the same, as such this Court should come to the rescue or reprieve of the petitioners. 3. Request that has been made by the petitioners has been resisted by Sri Narendra Kumar Singh Yadav learned AGA by contending that in the present case bare perusal of the FIR in question does disclose the commission of cognizable offence and contents of the same is also supported and substantiated by the medical evidence, inasmuch as injured persons have been examined on 02.12.2014, in view of this once primafacie cognizable offence has been disclosed then at this stage when process of investigation is on the defence of the petitioners cannot be examined, then this Court, looking into seriousness of offence and the factum that from both the sides FIRs have been lodged, and injuries are there should not come to the rescue of the petitioners. 4. We have perused the contents of the FIR and the contents of FIR in question does disclose cognizable offence and not only this, injured persons have been examined on 02.12.2014 and once such is the factual situation then in view of the dictum of Apex Court in the Case of Hema Mishra Vs. State of U.P. and others 2014 (4) SCC 453 , no relief of reprieve can be given to petitioners. 5. In view of this, writ petition sans merit and is accordingly, dismissed.