Court No. - 33
Case :- CRIMINAL MISC. WRIT PETITION No. - 11471 of 2019 Petitioner :- Ameen Pasi @ Ajay Kumar Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Abhishek Kumar,Ajay Yadav Counsel for Respondent :- G.A.,Shailesh Kumar Shukla
Hon'ble Manoj Misra,J. Hon'ble Suresh Kumar Gupta,J.
Heard learned counsel for the petitioner; learned A.G.A. for the respondents 1, 2 and 3; and perused the record.
The instant petition seeks quashing of the first information report dated 21.03.2019 registered as Case Crime No.51 of 2019, at P.S. Gaura Badshahpur, District Jaunpur, under Sections 147, 323, 504, 506 I.P.C., in which Sections 304 and 308 I.P.C., have been added on 05.04.2019 consequent to death of one person.
The allegation in the impugned first information report is that the accused persons came with lathi/danda and assaulted the informant side causing injuries to four persons. Later, one injured, namely, Sunil, died.
The impugned first information report was lodged promptly within three hours of the incident. The post mortem report reveals existence of old healed stitched wound on the head. According to the opinion of the Doctor death was due to septicemia on account of ante mortem head injury.
As the allegations disclose participation by all the accused persons including the petitioner who is named in the first information report, no case for quashing the first information report is made out.
The petition is dismissed with liberty to the petitioner to apply for bail.
Order Date :- 30.4.2019 Md Faisal