Hon'ble Vedpal,J.
Heard learned counsel for the petitioner and learned Additional Government Advocate.
Under challenge in the instant writ petition is FIR relating to Case Crime No. 1504 of 2009, under Sections 323, 504, 506, 354 & 452 IPC read with Section 3 (1) X SC/ST Act, police station Barasagwar, district Unnao. We have gone through the contents of the FIR, which disclose commission of cognizable offence, as such, the same cannot be quashed. Although parity has been claimed by the petitioner with one Rati Pal, the co- accused, whose arrest was stayed by this Court till submission of report under Section 173 Cr.P.C vide order dated 04.01.2010 passed in Writ Petition No. 11846 (M/B) of 2009 from which it comes out that it was specifically pleaded on behalf of Rati Pal that no one has received injury in the incident dated 10.08.2009.
In this petition also, in para-12 it has been stated that neither complainant/opposite party No. 3 nor the witnesses have received any injury in the said incident.
Learned Additional Government Advocate has placed before us injury reports of injured persons, namely, Kalawati and Rooprani so as to show that these persons have received injury in the said incident. It seems that the order dated 04.01.2010 passed in Writ Petition No. 11846 (M/B) of 2009 has been obtained by committing fraud upon the Court and likewise petitioner also wants to get the benefit of that order, as such, no relief can be granted from this Court.
List along with Writ Petition No. 11846 (M/B) of 2009 in week commencing 1st February, 2010.
Order Date :- 19.1.2010 Pradeep/-