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Arshad And Others vs State Of U P And Others

High Court Of Judicature at Allahabad|26 February, 2019
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JUDGMENT / ORDER

Court No. - 33
Case :- CRIMINAL MISC. WRIT PETITION No. - 4552 of 2019 Petitioner :- Arshad And 3 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Dinesh Kumar Yadav Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J. Hon'ble Vivek Varma,J.
Heard learned counsel for the petitioners; learned A.G.A. for the State-respondent nos.1 and 2; and perused the record.
The instant petition seeks quashing of the FIR dated 24.1.2019 registered as Case Crime No.24 of 2019, under Sections 452, 323, 504, 506 and 307 I.P.C., Police Station Kithor, District Meerut.
The allegation made in the impugned FIR discloses commission of cognizable offence. Moreover, it appears that the victim suffered head injury.
On the last date, when the matter was taken-up, learned counsel for the petitioner insisted that injury, if any, has not been examined in the hospital and there is no injury report. Accordingly, we directed the learned A.G.A. to obtain instructions and produce injury report, if any.
Sri Deepak Mishra, learned A.G.A. has obtained instructions from the police station concerned and has informed that there is an injury report, which has been produced before us.
The injury report discloses head injury. Although X-ray did not disclose any abnormality.
As injury is on the head, alleged to have been caused hard and blunt object, no case for interference is made out.
The petition is dismissed.
The petitioners are at liberty to apply for bail.
Order Date :- 26.2.2019 Ajeet
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Title

Arshad And Others vs State Of U P And Others

Court

High Court Of Judicature at Allahabad

JudgmentDate
26 February, 2019
Judges
  • Manoj Misra
Advocates
  • Dinesh Kumar Yadav