Allahabad High Court
OSAMAversusSTATE OF U.P. AND 2 OTHERS
- Decided
- Bench
- TARUN SAXENAMUNIR
Holding
The High Court held that the FIR cannot be quashed at the writ stage as the truth of the allegations must be determined through investigation and trial.
Summary
The petitioner, Osama, filed a writ petition under Article 226 seeking quashment of an FIR dated 22 April 2026 that alleged his involvement in an assault on an informant. The FIR, registered under Sections 126(2), 115(2), 352 and 351(2) of the Indian Penal Code, described a severe assault resulting in a traumatic swelling on the victim's chest, corroborated by a medico‑legal report. The petitioner contended that the allegations were false and that the matter should be decided on the merits of his defence. The Court held that the truth of the allegations and the merits of the defence are matters for investigation and trial, not for judicial interference at the writ stage. Consequently, the Court declined to interfere with the FIR and dismissed the petition.
Issues considered
- Whether a High Court can quash an FIR on the basis of the petitioner's alleged defence under Article 226 of the Constitution
- Whether the allegations in the FIR, supported by a medico‑legal report, warrant judicial interference
Legislation cited
- Indian Penal Code — s. 115(2), 126(2), 351(2), 352
Subjects
- quashment of FIR
- Article 226
- criminal procedure
- assault
- investigation
- high court jurisdiction
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 10405 of 2026
Osama
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Rajesh Kumar Mishra
Counsel for Respondent(s) : G.A., Rakesh Kumar Mishra
Court No. - 47
HON'BLE J.J. MUNIR, J.
HON'BLE TARUN SAXENA, J.
Heard Mr. Rajesh Kumar Mishra, learned counsel for the petitioner, Mr.
Rakesh Kumar Mishra, learned counsel for respondent no.3 and Mr.
Ghanshyam Kumar, learned AGA-I for the State.
This writ petition has been filed for quashing the impugned FIR dated
22.04.2026 registered as Case Crime No. 52 of 2026 under Section 126 (2),
115 (2), 352, 351 (2) of BNs, Police Station Kotwali, District Rampur.
A perusal of the impugned FIR shows that the informant was assaulted by
the petitioner- Osama and his companion after being waylaid when he was
on his way to home to the place of one Amit Saxena. The assault by the two
men employing blows was so severe that the medico-legal report of injury
shows a traumatic swelling 2 cm x 2 cm over the left side of chest, 1 cm
above the left nipple and they are advised to be X-rayed.
The supplementary report shows no abnormality detected but this fact does
not detract from what was noticed in the medico legal report dated
22.04.2026. As a result of assault, the victim suffered a traumatic swelling
on the chest which is a vital part of the body. The story of assault, therefore,
cannot be disbelieved, at least in the present petition, for quashing the FIR.
Whatever the petitioner argues constitutes his disputed defence, the truth of
which we cannot examine in the exercise of our jurisdiction under Article
226 of the Constitution. All those matters have to be probed during
investigation and if the petitioner found charge-sheeted, thrashed at the trial.
CRLP No. 10405 of 2026
2
In the circumstances, we decline to interfere with the impugned FIR. This
petition is dismissed.
(Tarun Saxena,J.) (J.J. Munir,J.)
May 7, 2026
C. MANI/ Prashant
Digitally signed by :-
CHANDRAMANI VERMA
High Court of Judicature at Allahabad
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