LAWS(MPH)-2012-9-143

GULFAM KHAN Vs. STATION HOUSE OFFICER

Decided On September 21, 2012
Gulfam Khan Appellant
V/S
STATION HOUSE OFFICER Respondents

JUDGEMENT

(1.) The petitioners have filed this petition for quashment of the FIR registered against the petitioners vide crime No.230/12 at Police Station Bhind. By the aforesaid FIR, an offence under Section 307/34 IPC has been registered against the petitioners.

(2.) The allegations against the petitioners in the FIR are that the petitioner No.1 and 3 had fired gun shots at the complainant and the petitioner No.2 had been accompanied the other petitioners No.1 and 3. It is submitted by the petitioners that the complainant also fired a gun shot at petitioner No.1 - Gulfam Khan and he had received injuries. Another person Suhel Khan had also received gun shot injury, hence, false FIR was lodged against the petitioners by the complainant, who himself is an accused in another case registered against him vide Crime No.229/12 for an offence under Section 307/34 IPC.

(3.) The learned counsel for the petitioners has contended that the complainant lodged a false FIR against the petitioners. It was not possible for the petitioners to fire gun shot injuries because one of the petitioners namely Gulfam Khan received a gun shot injury and he was medically examined and no case is made out against the petitioners because nobody received gun shot injury.