WPCRL/1553/2022
2022 Latest Caselaw 2546 UK

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                                 WPCRL No. 1553 of 2022
                                 Shri Sanjaya Kumar Mishra, J.

Shri Narendra Bali, learned counsel for the petitioner.

Shri G.S. Sandhu, learned Government Advocate assisted by Shri Kuldeep Rawal, learned AGA for the State of Uttarakhand.

This writ petition has been filed by the petitioner for quashing of the FIR No. 0435 of 2022 registered under Section 147, 148, 149, 452, 307, 506 IPC at Police Station - Kotwali Jwalapur, District - Haridwar.

A reading of the FIR would reveal that persons including the petitioner have been named in the FIR by the informant, as persons who were armed with sword, lathi and revolver and tried to enter into his house, though the informant says Lakhi Bhadoria and Vishnu Arora fired at him.

Petitioner was present at the spot and his name is specifically mentioned in the FIR.

Learned counsel for the petitioner submits that there is no allegation of any overt act against present petitioner - Aman Yadav @ Amandeep Singh Yadav, hence, FIR against him should be quashed.

This Court is of the opinion that once, an allegation is made in the FIR, in which descriptions of the assailants armed with deadly weapons have been given for attempting murder of the complainant, then it is not the duty of the Court to examine whether, in ultimate analysis, accused shall be found guilty of the offences or not or that allegations made in the FIR are correct or not. It has been settled by the Hon'ble Supreme Court in various judgments, the Court has to see in exercise of jurisdiction under Article 226 of the Constitution of India, whether the facts mentioned in the FIR would make a cognizable offence or not. In this case, cognizable offence has been made out against the petitioner. Therefore, there is no reason to entertain this writ petition. Accordingly, the same is dismissed in limine.

I.A. No. 1 of 2022 also stands rejected.

(Sanjaya Kumar Mishra, J.) 18.08.2022 SKS