PULKIT JAIN Vs. STATE OF UTTARAKHAND & OTHERS

JUDGEMENT

(1.) BY means of this writ petition, the petition­ers have prayed to issue writ in the na­ture certiorari quashing the impugned FIR dated 21.7.2010 lodged by the respond­ent no.3 as FIR No.377/2010 u/s 307/504/506 IPC at PS Rudrapur, District US Nagar.

(2.) HEARD learned counsel for the par­ties and perused the entire material on record.

(3.) LEARNED senior counsel for the pe­titioner by taking plea of alibi, submitted that on the relevant date and time of the incident, the petitioner Pulkit Jain was not present there rather he was in Delhi Metro Station. Learned GA vehemently opposed this argument of learned senior counsel for the petitioner and submitted that in the investigation, it has specifically come that the petitioner was present on the spot at the relevant time and he caught hold of the injured and the co-accused Deepak Jain fired a gunshot which hit on the pri­vate part of the injured. Secondly, the FIR has been lodged promptly in which the pe­titioner's name has specifically been shown and the petitioner has been assigned the role of catching hold. He further sub­mitted that when the petitioner and co-ac­cused had caught hold of the injured, co-accused Deepak Jain ge je fired two shots, one hit on his private part and other hit on his hand. He further submitted that the intention of the accused was to murder the injured. He lastly submitted that the medi­cal evidence also amply corroborate the version of the FIR.