Court No. - 40
Case :- CRIMINAL MISC. WRIT PETITION No. - 5018 of 2018 Petitioner :- Bharat Giri And 7 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Pramod Kumar Gupta Counsel for Respondent :- G.A.
Hon'ble Amreshwar Pratap Sahi,J. Hon'ble Rajeev Misra,J.
Heard learned counsel for the petitioners and learned AGA for the State.
The petitioners have come up contending that they have been falsely implicated and in view of the nature of the offences alleged, the FIR deserves to be quashed. Another ground taken is that the petitioner no. 8 had lodged an application under Section 156(3) Cr.P.C. prior to the lodging of the impugned FIR, and therefore the informant-complainant had been motivated to file this impugned FIR implicating the petitioner no. 8.
We have gone through the contents of the FIR dated 11.02.2018 in Case Crime No. 0021 of 2018 under Sections 147, 148, 323, 452, 352, 336, 427, 504, 506 IPC, Police Station Bansdeeh Road, District Ballia and we also find that there is a medical report in respect of the injuries sustained. Learned counsel submits that the injuries had not been reported to be grievous or otherwise and as such in this background, the petitioners don't deserve to be investigated.
We are unable to subscribe to the view of the learned counsel for the petitioners as the FIR discloses the commission of alleged offences which does require an investigation and therefore we are not inclined to quash the same.
It is open to the petitioners to approach the Court below or grant of bail which shall be considered and disposed of in terms of Lal Kamlendra Pratap Singh Vs. State of U.P. reported in 2009 (3) ADJ 332 (SC) and Amrawati & Another Vs. State of U.P. reported in 2004 (57) ALR 290.
Disposed of with the said directions.
Order Date :- 28.2.2018 S.Chaurasia