JUDGMENT :

Sanjaya Kumar Mishra, J.

1. Heard learned counsel for the parties.

2. By filing this writ petition (criminal), the petitioner has prayed for issuance of a writ of Certiorari quashing the FIR Case Crime No. 137 of 2022 under Section 323, 427, 504 and 506 of the Indian Penal Code, 1860 (hereinafter referred to as “the Code” for brevity) P.S. Khatima, District Udham Singh Nagar dated 05.06.2022. It is brought to our notice that at the time of argument of the case on merits by the learned Deputy Advocate General that in the meantime, the offences under Section 307 and 341 of the Code have been added and there is every possibility of adding the offence under the provisions of the Arms Act, 1959 perhaps after the custodial interrogation.

3. The complainant lodged an FIR stating there in that there is dispute between him and the petitioner. On 04.06.2022 at about 10:00 pm when he was returning home in his Alto car, on the road, he was obstructed by the petitioner and he was assaulted and the car was damaged, then he fired at him/complainant but he ran through agricultural fields, because of darkness, the petitioner could not commit murder of the complainant. On such report, the FIR