Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 34380 of 2018 Petitioner :- Smt. Laxmi Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sanjay Kr. Srivastava,Ajay Kr. Srivastava Counsel for Respondent :- G.A.
Hon'ble Ram Surat Ram (Maurya),J. Hon'ble Anil Kumar-IX,J.
Heard Sri Sanjay Kumar Srivastava for the petitioner and Additional Government Advocate for State of U.P.
The writ petition has been fled for quashing F.I.R. dated 21.9.2018 registered as Case Crime No.1051 of 2018 under Section 452, 307, 392, 325, 323, 506 IPC P.S. Sardhana, district Meerut.
A perusal of the F.I.R. shows that in substance the allegation has been made that on 8.9.2018 brother of the informant was sitting outside his house and at that time Rajeev and Smt. Laxmi came to him and began to assault him. On his hue and cry, the informant came there and saw that Rajeev had assaulted him through pharsa but no injury could be caused to him. Immediately thereafter the petitioner assaulted through danda which was saved by the informant on his hand and injury was caused to him. Hearing the shouting two other persons came there, who had pulled the informant inside the house and touched him with a live wire and thereafter snatched Rs.1500/- from him.
The counsel for the petitioner submits that this was a simple dispute for taking water from a public tap and the allegation that informant was touched with a live wire or Rs.1500/- was snatched from him was wholly false.
In view of the fact the writ petition is disposed of with the direction that the petitioner shall not be arrested till submission of police report under Section 173(2) Cr.P.C. in Case Crime No.1051 of 2018 under Sections 452, 307, 392, 325, 323, 506,IPC, P.S. Sardhana district Meerut.
Order Date :- 29.11.2018 mt