Allahabad High Court
TAUFIQ AND 6 OTHERSversusSTATE OF U.P. AND 2 OTHERS
- Decided
- Bench
- TARUN SAXENAMUNIR
Holding
The Court held that the FIR contains sufficient material to constitute a case of assault and therefore cannot be quashed.
Summary
The petitioners, seven accused persons, filed a criminal miscellaneous writ petition seeking quashment of the FIR alleging they assaulted Mursad Ali to deter his testimony in other cases. The FIR details the assault with sticks and resulting internal injuries, and a medico‑legal report confirms eight external injuries. The Court examined whether the FIR lacked sufficient material to warrant a criminal proceeding. Finding that the injuries established a prima facie case of assault and that the FIR contained material sufficient for investigation, the Court declined to interfere. Consequently, the petition to quash the FIR was dismissed.
Issues considered
- Whether the FIR alleging assault to intimidate a witness can be quashed on the ground of lack of material.
- Whether the medico‑legal evidence establishes a cognizable offence sufficient to continue investigation.
Subjects
- assault
- FIR quashment
- criminal miscellaneous writ petition
- witness intimidation
- investigation
- medico‑legal report
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 10350 of 2026
Taufiq and others
.....Petitioner(s)
Versus
State of U.P. and others
.....Respondent(s)
Counsel for Petitioner(s) : Mohd. Jamshed Khan
Counsel for Respondent(s) : G.A.
Court No. - 47
HON'BLE J.J. MUNIR, J.
HON'BLE TARUN SAXENA, J.
1. Heard Mr. Mohd. Jamshed Khan, learned Counsel for the petitioners
and Mr. Shashi Shekhar Tiwari, learned Additional Government
Advocate appearing on behalf of the State.
2. A perusal of the impugned First Information Report ('FIR' for short)
shows that the seven accused, who are the petitioners here, assaulted the
victim, Mursad Ali, on 26.03.2026 at 08:30 a.m., employing sticks, lathi
danda, besides delivering blows. The informant says that he has sustained
internal injuries. This assault came in order to deter the first informant
from testifying in Case Crime Nos. 283 of 2025, 319 of 2025 and 104 of
2025. In one of these cases, Irshad was assaulted with an iron rod, causing
him serious head injuries, who could be saved after taxing medical
treatment. The FIR says that present assault is one to deter the victim
from testifying in the earlier cases, particularly one relating to Irshad.
3. Be that as it may, we notice that the medico-legal report relating to
Mursad Ali, respondent no. 3, the informant, which has been produced
before us as part of the Case Diary by Mr. Shashi Shekhar Tiwari, learned
Additional Government Advocate, shows as many as eight injuries upon
CRLP No. 10350 of 2026
2
his person. This report is dated 26.03.2026. The medico-legal
examination is prompt and relates to the date of assault. The injuries
sustained by the third respondent are as follows:
1. Abrasion with brown scab 0.6 cm. x 0.2 cm. over right side
of fore head, 01 cm. above right eye brow.
2. Abrasion with brown scab 01 cm. x 0.5 cm. over front of
nose, 01 cm. below root of nose.
3. Abrasion with brown scab 0.5 cm. x 0.3 cm. over right side
of face, 1.2 cm. away from tragus of ear.
4. Bluish abraided contusion 10 cm. x 1.5 cm. over left
shoulder, 1.5 cm. behind tip of shoulder.
5. Bluish abraided contusion 11 cm. x 01 cm. over left side
back of chest, 3.5 cm. below injury no. 4.
6. Bluish abraided contusion 15 cm. x 01 cm. over left side
back of chest, 10 cm. below root of neck.
7. Bluish abraided contusion 08 cm. x 1.2 cm. over right side
back of chest, 09 cm. below tip of shoulder.
8. Complaining of pain over right shoulder and back side of
left shoulder.
4. Though the injuries are simple in nature, it does establish a case of
assault good enough to merit a thorough investigation. It is not a case
where there no material in the Case Diary in support of the allegations. If
during investigation, the stand of the petitioners is not vindicated and they
are charge-sheeted, they can put forward all that they say before us as
their defences, which would be tested there. So far as the present case is
concerned, we are of the considered opinion that this is not a case where
CRLP No. 10350 of 2026
3
we ought interfere to quash the FIR and terminate these proceedings at an
incipient stage.
5. In the result, this petition fails and is dismissed.
6. The Registrar (Compliance) is directed to communicate this order to
the Superintendent of Police, Rampur and the Station House Officer,
Police Station Tanda, Rampur, both through the learned Chief Judicial
Magistrate, Rampur.
(Tarun Saxena,J.) (J.J. Munir,J.)
May 6, 2026
SK Srivastava/I. Batabyal
Digitally signed by :-
SAILESH KUMAR SRIVASTAVA
High Court of Judicature at Allahabad
Checking your session…