Court No. - 33
Case :- CRIMINAL MISC. WRIT PETITION No. - 5464 of 2019 Petitioner :- Hriday Narayan Dubey Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Suneel Kumar Mishra Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J. Hon'ble Vivek Varma,J.
Heard learned counsel for the petitioner; learned AGA for respondents 1 and 2; and perused the record.
The instant petition seeks quashing of the First Information Report dated 19th February, 2019 registered as Case Crime No.0044 of 2019, under Sections 323 and 504 I.P.C. and Section 3(1)(Da) and 3(1)(Dha) of SC/ST Act at Police Station Gopiganj, District Bhadohi.
The allegation in the impugned First Information Report is that the petitioner not only insulted the informant by caste related abuses but also assaulted him. There appears injury report on record which discloses six injuries though simple in nature but caused by hard and blunt object.
Learned counsel for the petitioner stated that the allegations are false and, in fact, the informant was petitioner's employee and had not turned up for work, despite taking money in advance from the petitioner, and got injured somewhere else. It has been submitted that the informant was examined for his injury on 19th January, 2019 that is on the date of the incident but the injuries duration was about 24 hours.
Learned AGA pointed out that the injury report, which is at page 20 of the paper book, suggests that the duration of injury is less than 24 hours and not about 24 hours as suggested by learned counsel for the petitioner.
We have carefully perused the injury report, which is at page 20 of the paper book, which reveals that the duration of the injuries as per opinion of the Doctor is less than 24 hours.
In view of the above, no case for quashing of the First Information Report or to interfere with the investigation is made out.
The petition is dismissed. The petitioner is at liberty to apply for bail, if so advised.
Order Date :- 28.2.2019. Rks.