Allahabad High Court
RASHIDversusSTATE OF U.P. AND 3 OTHERS
- Decided
- Bench
- TARUN SAXENAMUNIR
Holding
The FIR should not be quashed.
Summary
The petitioner, Rashid, filed a writ petition under Article 226 seeking quashing of the FIR alleging his involvement in a violent assault that resulted in injuries to four persons and the death of Abdul Rauf. The assault involved sticks and sharp-edged weapons, causing abrasions, contusions, incised wounds, and fatal blunt force trauma to the abdomen. The court examined the injury and autopsy reports and noted the seriousness of the offences. It held that the matters raised by the petitioner are matters of defence to be considered only if charges are framed, and that the FIR is not fit for quashing. Consequently, the petition was dismissed.
Issues considered
- Whether the FIR can be quashed under Article 226 of the Constitution
- Whether the allegations constitute a cognizable offence warranting continuation of the investigation
Subjects
- quash petition
- FIR
- Article 226
- assault
- criminal procedure
- high court
- injury report
- autopsy
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 10380 of 2026
Rashid
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Mohammad Zakir
Counsel for Respondent(s) : Brij Lal Shukla, G.A.
Court No. - 47
HON'BLE J.J. MUNIR, J.
HON'BLE TARUN SAXENA, J.
Heard Mr. Mohd. Zakir, learned counsel for the petitioner, Mr. Brij Lal
Shukla, learned counsel for respondent no.4 and Mr. K.K. Nishad, learned
State Law Officer on behalf of the State.
There is an allegation of assault by the petitioner along with six others
nominated accused besides un-named offenders where four persons were
assaulted employing sticks (lathi) and sharp edged weapons. Those who
received injuries are Nadir, Mustafa, Harun and Abdul Rauf. Abdul Rauf
succumbed to his injuries.
A perusal of the injury report shows that Harun sustained a solitary abrasion
whereas Abdul Rauf sustained a contusion about 2.0 X 1.0 cm on the left
side of chest with a X-ray advised. The third injured is Nadir son of Harun.
Harun has sustained an incised wound about 2.0 X 0.5 cm., bone deep on the
right side of head about 6 cm above the right ear. X-ray of the skull was
advised. Besides, there are three contusions, two on the chest and one on the
right shoulder. The fourth injured is Mustafa who has a lacerated wound
about 4.0 X 1.0 cm on the right side of parietal bone with X-ray advised.
There are two red contusions sustained by Mustafa one on the left shoulder
and other on the right side of back of chest.
The autopsy report, relating to the deceased Abdul Rauf, shows the cause of
death as septicemia consequent upon perforation of peritonitis as a result of
blunt force trauma to the abdomen. Apparently, the injury was caused by
blows which the victim received to his abdomen. The autopsy report shows
CRLP No. 10380 of 2026
2
three injuries were noticed, all the on the abdomen which were surgically
sutured.
Looking to the magnanimity of the assault and the damage caused, we are of
opinion that whatever the learned counsel for the petitioner very ably argues,
in support of this writ petition, are all matters of defence to be considered, in
the event the petitioner is chargesheeted. Before that the relevant matter may
be brought to the notice of the Investigating Officer.
In the entirety of circumstances, we do not find it to be a fit case for
quashing the impugned FIR in exercise of our jurisdiction under Article 226
of the Constitution. This petition fails and is summarily dismissed.
(Tarun Saxena,J.) (J.J. Munir,J.)
May 6, 2026
C. MANI/ Prashant
Digitally signed by :-
CHANDRAMANI VERMA
High Court of Judicature at Allahabad
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