Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 25670 of 2018 Petitioner :- Dashrath Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Shahroze Khan Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Shahroze Khan, learned counsel for the petitioner, Sri N.K. Verma, learned A.G.A. for the State and perused the impugned F.I.R. as well as material brought on record.
This petition has been filed with the prayer to quash the F.I.R. dated 18.7.2018, registered as Case Crime No.73 of 2018, u/s 147, 323, 504 IPC along with added Section 316 IPC, P.S. Trilokpur, district Siddharth Nagar.
Learned counsel for the petitioner submits that initially FIR was registered u/s 147, 323, 504 IPC but during the course of investigation, Section 316 IPC has been added. The injuries sustained by the injured are simple in nature. The injury no.2 which was kept under observation, nothing seriousness was said to have been found. The allegations levelled against the petitioner are absolutely false, frivolous and baseless, hence present FIR lodged against the petitioner be quashed.
Learned A.G.A. opposed the prayer for quashing of the FIR and submitted that X-Ray of the victim has not been annexed with the present petition.
Considering the submissions advanced by learned counsel for the parties and nature of the allegations, it is directed that the petitioner shall not be arrested in above mentioned case, till the submission of the police report under section 173(2) Cr.P.C. subject to the condition that if any serious injury is found in injury no.2, this order shall not be given effect to and the interim order in favour of the petitioner shall automatically stand discharged.
With the above direction this petition is finally disposed of.
The copy of this order shall be produced by the petitioners before the S.P./S.S.P concerned for necessary information and it's compliance.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 17.9.2018 Gaurav