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2015 DIGILAW 3787 (ALL)

Jitendra Prasad v. State of U. P. Through Principal Secretary, Home Civil Sec.

2015-12-03

AJAI LAMBA, BRIJESH KUMAR SRIVASTAVA II

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JUDGMENT 1. This petition seeks issuance of a writ in the nature of certiorari quashing First Information Report lodged as Case Crime No.172/2015 under Sections 307, 323, 504, 506 I.P.C., P.S. Sangramgarh, district Pratapgarh (Annexure-1). 2. It is not in dispute that three persons received injuries in the incident, on the complainant side. Incident, per se, cannot be disputed. 3. Contention of learned counsel is that the impugned First Information Report has been lodged after a delay of two days. The second contention is that on the side of the petitioners, one person died. The third contention is that the medico legal report does not give duration of the injuries. 4. We have considered the contention of learned counsel. 5. The investigation is at inceptive stage. It is for the investigating agency to take opinion of the Doctor in supplement to the medical report in regard to duration of injuries. 6. So far as death of one person on the side of the petitioners is concerned, it is for the investigating agency to conduct investigation and deduce as to who is the aggressor. This Court cannot substitute its own opinion for the opinion of the investigating agency. 7. Delay in lodging of First Information Report, considering gravity of the offence, is not a ground for quashing of the impugned First Information Report. 8. The petition is dismissed.