NEERAJ SHARMA Vs. STATE OF M.P.

JUDGEMENT

(1.) THE petitioner has called in question the legality, validity and propriety of FIR of Crime No.473/2012. It is contended that earlier one Luv Singh Yadav lodged an FIR against the respondent No.4. The FIR is arising out of the same incident occurred on 21.7.2012 (at 5:00 pm). In the criminal case arising out of the said FIR the accused therein admitted the guilt and accordingly inflicted the punishment of Rs. 1,000/ - as fine. It is contended that false allegation is made in the FIR of the same date and same time against the petitioner. It is contended that allegation mentioned in the FIR are factually incorrect. It is submitted that another accident cannot take place on the same date.

(2.) I have heard learned counsel for the parties.

(3.) IN the opinion of this Court, the FIR was lodged way back on 21.7.2012. The trial is in full swing. The argument is based on the facts of the matter. The trial Court is best suited to deal with the aforesaid factual aspect. This is settled in law that FIR or charge sheet cannot be put to test before the writ Court on the basis of ['actual allegation. Parameters for interference in FIR were mentioned by the Supreme Court in (State of Haryana v. Bhajan Lal and another), reported in 1992 Supp.(1) SCC 335.