Taufiq And 6 Others vs State Of U.P. And 2 Others
- Neutral2026:AHC:104092
Ratio decidendi
The rule this decision rests on
Where an FIR alleges simple injuries resulting from an assault and the Case Diary contains material supporting the allegations, the court will not quash the FIR and terminate proceedings at an incipient stage; instead, the allegations warrant thorough investigation, and any defences the accused may wish to raise can be tested during the subsequent judicial process.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
1. Heard Mr. Mohd. Jamshed Khan, learned Counsel for the petitioners and Mr. Shashi Shekhar Tiwari, learned Additional Government Advocate appearing on behalf of the State.
2. A perusal of the impugned First Information Report ('FIR' for short) shows that the seven accused, who are the petitioners here, assaulted the victim, Mursad Ali, on 26.03.2026 at 08:30 a.m., employing sticks, lathi danda, besides delivering blows. The informant says that he has sustained internal injuries. This assault came in order to deter the first informant from testifying in Case Crime Nos. 283 of 2025, 319 of 2025 and 104 of 2025. In one of these cases, Irshad was assaulted with an iron rod, causing him serious head injuries, who could be saved after taxing medical treatment. The FIR says that present assault is one to deter the victim from testifying in the earlier cases, particularly one relating to Irshad.
3. Be that as it may, we notice that the medico-legal report relating to Mursad Ali, respondent no. 3, the informant, which has been produced before us as part of the Case Diary by Mr. Shashi Shekhar Tiwari, learned Additional Government Advocate, shows as many as eight injuries upon his person. This report is dated 26.03.2026. The medico-legal examination is prompt and relates to the date of assault. The injuries sustained by the third respondent are as follows:
1. Abrasion with brown scab 0.6 cm. x 0.2 cm. over right side of fore head, 01 cm. above right eye brow.
2. Abrasion with brown scab 01 cm. x 0.5 cm. over front of nose, 01 cm. below root of nose.
3. Abrasion with brown scab 0.5 cm. x 0.3 cm. over right side of face, 1.2 cm. away from tragus of ear.
4. Bluish abraided contusion 10 cm. x 1.5 cm. over left shoulder, 1.5 cm. behind tip of shoulder.
5. Bluish abraided contusion 11 cm. x 01 cm. over left side back of chest, 3.5 cm. below injury no. 4.
6. Bluish abraided contusion 15 cm. x 01 cm. over left side back of chest, 10 cm. below root of neck.
7. Bluish abraided contusion 08 cm. x 1.2 cm. over right side back of chest, 09 cm. below tip of shoulder.
8. Complaining of pain over right shoulder and back side of left shoulder.
4. Though the injuries are simple in nature, it does establish a case of assault good enough to merit a thorough investigation. It is not a case where there no material in the Case Diary in support of the allegations. If during investigation, the stand of the petitioners is not vindicated and they are charge-sheeted, they can put forward all that they say before us as their defences, which would be tested there. So far as the present case is concerned, we are of the considered opinion that this is not a case where we ought interfere to quash the FIR and terminate these proceedings at an incipient stage.
5. In the result, this petition fails and is dismissed.
6. The Registrar (Compliance) is directed to communicate this order to the Superintendent of Police, Rampur and the Station House Officer, Police Station Tanda, Rampur, both through the learned Chief Judicial Magistrate, Rampur.
(Tarun Saxena,J.) (J.J. Munir,J.)
May 6, 2026
SK Srivastava/I. Batabyal
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