Court No. - 44
Case :- CRIMINAL MISC. WRIT PETITION No. - 6941 of 2021 Petitioner :- Ankit Yadav Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Anoop Singh,Siddarth Jaiswal Counsel for Respondent :- G.A.,Rajesh Yadav
Hon'ble Manoj Kumar Gupta,J. Hon'ble Mohd. Aslam,J.
Heard learned counsel for the petitioner and learned Government Advocate for the State and Shri Rajesh Yadav for the respondent no.4.
The present writ petition has been filed by the petitioner praying for quashing of the First Information Report dated 31.07.2021, registered as Case Crime No.0507 of 2021 under Sections 147, 149, 324, 332, 353, 504, 506, 427 and 34 I.P.C., Police Station-City Kotwali, District-Bijnor with a further prayer to stay his arrest during pendency of investigation of the said case.
According to the allegations in the impugned F.I.R., the petitioner accompanied by five unknown persons came to the Electricity Sub-Station and started hurling abuses upon S.S.O Rajesh Kashyap (first informant) and other employees of the Electricity Department for not being able to supply uninterrupted electricity. Soon an altercation took place and it is alleged that the officials of the Electricity Department received injuries. The accused-persons had destroyed government documents and machinery installed at the Sub-station resulting in loss of government property worth several lakhs of rupees.
Learned counsel for the petitioner submitted that the petitioner had constructed a new house and he applied online for a new electricity connection. It is also alleged that one Mr. Rajesh who was introduced to the petitioner by the Junior Engineer was paid Rs.9,000/- in his personal account. On the date of alleged incident, the petitioner had visited the Sub-station with this brother to know about the progress in regard to installation of electricity line and without any rhythm and reason, the Junior Engineer got annoyed and started manhandling the petitioner and brother of the petitioner also sustained injuries.
Alongwith the writ petition, the petitioner has brought on record injury report of Rajesh Kashyap S.S.O., Electricity Department.
According to it, injury no.1 was inflicted by sharp object. The injury report of Abhishek Yadav reveals that he also received several injuries. It is, thus, clear that in the altercation which took place, both sides received injuries.
It can not be decided in exercise of writ jurisdiction as to which version is correct. No good ground exists to quash the F.I.R. The writ petition lacks merit and is dismissed with liberty reserved in favour of the petitioner to apply for bail or seek other remedies as may be advised.
Order Date :- 19.8.2021 Jyotsana (Mohd Aslam, J.) (Manoj Kumar Gupta, J.)