WPCRL/1727/2022
2022 Latest Caselaw 2918 UK

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                                  WPCRL No. 1727 of 2022

                                  Shri S.K.Mishra, J.

Mr. Dushyant Mainali, learned counsel for the writ applicant.

Mr. J. S. Virk learned Deputy Advocate General for the State.

Mr. Mukesh Rawat, learned counsel for the complainant.

By filing this writ application, the petitioner being an accused in FIR No. 0019 of 2022, dated 30.08.2022, under Sections 147, 148, 323, 336, 427, 392 and 307 of the Indian Penal Code, Police Station Bhatraunjkhan, District Almora has prayed for quashing of the FIR.

Learned counsel for the petitioner would draw the attention of the Court regarding certain observations made by the learned Sessions Judge, Almora while granting bail to the co-accused persons. However, a careful observations of the averments made in the FIR clearly makes out a case under Sections 147, 148, 323, 336, 427, 392 and 307 of the Penal Code. This Court is not inclined to entertain the writ application only on the ground that the firearm that was allegedly used in the crime has yet not been seized by the Police or that no injury was sustained by any of the persons, who were assaulted in the process or the fact that a counter case has been initiated against the complainant.

Following the judgment rendered by the Hon'ble Supreme Court in M/s Neeharika Infrastructure Pvt. Ltd. vs. State of Maharashtra and others (2021) SCC Online SC 315, this Court is of the opinion that no case is made out for quashing of the FIR.

Hence, the Writ Application sans any merit and the same is dismissed in limine.

(S.K.Mishra, J.) 12.09.2022 (Grant urgent copy of this order as per Rules)

Kaushal