Arup Kumar Goswami, CJ
1. Heard Mr. T.K. Tiwari, learned counsel for the petitioner. Also heard Ms. Meena Shastri, learned Additional Advocate General, appearing for
respondents No. 1 to 3.
2. This writ appeal is presented against an order dated 22.03.2022 passed by the learned Single Judge in WPCR No.296 of 2022, whereby, the learned
Single Judge declined the prayer made by the petitioners therein to quash the FIR No. 0071 of 2022 under Sections 294, 323, 506 & 34 IPC.
3. At the very outset, Mr. Tiwari submits that in the memo of appeal at paragraph 1 under the heading of “facts of caseâ€, inadvertently, it is stated
that appellant No. 2 is a retired Principal and that appellant No. 3 is a practicing advocate and is in bed rest due to paralytic attack. He submits that, in
fact, the appellant No. 2 is a practicing advocate and he is in bed rest due to paralytic attack and that the appellant No.3 is a retired Principal.
4. It appears that the appellant No.1 herein had lodged a First Information Report, for short, ‘FIR’, against the respondent No.4 on 23.02.2022
at Police Station, Nevai, and the same was registered as FIR No.0068/2022 under Sections 294, 323, 506 and 34 IPC. Subsequently, the respondent
No.4 filed an FIR dated 24.02.2022 which is registered as FIR No. 0071/2022 in the very same police station under Sections 294, 323, 34 and 506
IPC.
5. The learned counsel for the appellants submits that the FIR filed by the respondent No. 4, was filed as a counter-blast. It is also submitted that the
appellant No.2, because of a paralytic attack, cannot move freely and has to take support of walker.
6. The learned Single Judge observed that the authenticity of the FIR cannot be judged at this stage and it is not a fit case for quashing the FIR.
7. Merely because FIR No. 0071 of 2022 was subsequently lodged by respondent No.4, it cannot be said that the same is a counter-blast.
8. We see no good ground to interfere with the order of the learned Single Judge and, accordingly, the writ appeal fails and the same is dismissed.
