Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 16908 of 2018 Petitioner :- Lala @ Satyabhan Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Vidya Dhar Dubey Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Counter-affidavit has been filed by learned A.G.A. and the same is taken on record.
Heard Sri Vidya Dhar Dubey and Sri Deepak Mishra, learned A.G.A. for the State and perused the material brought on record.
This petition has been filed by the petitioner with a prayer to quash the police report dated 26.04.2018 in impugned F.I.R. dated 05.03.2018 registered as case crime no. 0124 of 2018 under sections 302 & 504 I.P.C., police station Mahavan, District Mathura. A further prayer is also made to direct the respondents not to arrest the petitioner.
Learned A.G.A. pointed out that no doubt the present petitioner was not named in the F.I.R. initially but during the course of the investigation, the statement of alleged eye-witnesses were recorded in which it has been stated that the shot of the petitioner hit the deceased. The said fact is mentioned in para nos. 4 and 5 of the affidavit.
Learned counsel for the petitioner states that petitioner had left the village on the date of incident for Dilawadi in State of Assam. Just to harass the petitioner and his family members, his name has been dragged in the case.
Learned A.G.A. has stated that celebration-firing has been banned by the Apex court and there appears to be evidence against the petitioner collected during the course of the investigation.
After having considered the submissions advanced by learned counsel for the parties, we do not find any good ground for interference in the matter.
The writ petition is accordingly dismissed.
S.S.P. Mathura is directed to inform about this order to the head of department where petitioner is working.
Interim order, if any, stands vacated.
(Dinesh Kumar Singh-I,J.) (Ramesh SInha,J.) Order Date :- 30.7.2018 A. Mandhani