Court No. - 33
Case :- CRIMINAL MISC. WRIT PETITION No. - 4257 of 2019 Petitioner :- Ghanshyam Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Pawan Kumar Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J. Hon'ble Vivek Varma,J.
Heard learned counsel for the petitioner; learned A.G.A. for the respondents 1 and 2; and perused the record.
The instant petition seeks quashing of the first information report dated 12.01.2019 registered as Case Crime No.42 of 2019, under Sections 147, 148, 323, 504, 506, 395 IPC, P.S.
Kotwali, District Maharajganj.
The contention of the learned counsel for the petitioner is that the first information report has been lodged as a counterblast to the report submitted from the petitioner's side. It has been submitted that the petitioner had suffered injuries and therefore false and fabricated first information report has been lodged by the third respondent to exert pressure on the petitioner.
On 15.02.2019, we had required the learned A.G.A. to seek instructions as to whether there is any injury report in support of the prosecution case pertaining to Case Crime No.42 of 2019.
A short counter affidavit has been filed today. In the counter affidavit, it has been stated in paragraph no.4 that the injured Kamlesh Sharma was examined for his injuries and four injuries were found on his body. The injury report is also annexed along with the counter affidavit.
Although, it is not disclosed that the injuries are grievous in nature but it appears that X-ray was advised and the injuries are reported to have been caused by hard and blunt objection.
In view of the above, the prayer to quash the first information report is not acceptable. The petitioner is at liberty to apply for bail. The petition is disposed off.
Order Date :- 27.2.2019 AKShukla/-