Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 2372 of 2019 Petitioner :- Bheem Sen Singh @ Lallu Singh And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Gaurav Kakkar,Sanjeev Kumar Singh,Udai Karan Saxena Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Gaurav Kakkar and Sri Sanjeev Kumar Singh, learned counsel for the petitioners and Sri Amrit Raj Chaurasia, learned AGA for the State.
This petition has been filed by the petitioners with a prayer to quash the impugned FIR dated 13.1.2019, registered as case crime no.13 of 2019, u/s 307, 332, 341, 323, 504, 506 IPC and Section 3(2)V SC/ST Act, P.S. Kolhui, district Maharajganj.
On 29.1.2019, this Court passed the following order:-
"Heard Sri Gaurav Kakkar, learned counsel for the petitioners, Sri Jai Narain, learned AGA for the State.
This petition has been filed by the petitioners with a prayer to quash the impugned FIR dated 13.1.2019, registered as case crime no.13 of 2019, u/s 307, 332, 341, 323, 504, 506 IPC and Section 3(2)V SC/ST Act, P.S.
Kolhui, district Maharajganj.
Learned counsel for the petitioners submits that though there is allegation in the FIR that the victim has sustained some injury but there appears to be no medical examination of the victim as has been stated in para no.16 of the present petition.
Learned AGA is directed to produce the medical examination report of the victim by the next date.
List the matter on 5.2.2019.
Till then, no coercive action shall be taken against the petitioners in the aforesaid case.
Copy of this order be given to learned AGA for it's compliance."
The learned AGA has filed an affidavit of compliance on behalf of S.P./Circle Officer Farenda, District Maharajganj. In the said affidavit, the injury of the injured namely Ramchander has been annexed as Annexure CA-1 and Annexure CA-2, wherein it has been stated that he has been suffered from one Bony Fracture in the ring finger and it has also been pointed out that the petitioner no.1 is having 12 criminal history but the said fact has not been disclosed by the learned counsel of the petitioner in the writ petition and as there injury has been found on the injured and there appears to be a criminal history of the petitioner no.1 which was not disclosed in the present petition, on this ground alone we reject this petition as it amounts to material concealment of fact by the petitioner no.1 for which the counsel for the petitioner have apologized orally, hence, the Court drops the idea to prosecute the deponent of the case for giving false affidavit that no medical examination was conducted by the informant or any of the Official of Forest Department.
In view of the above, the petition stands dismissed. Interim order, if any, stands vacated.
Order Date :- 28.2.2019 Neeraj (Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.)