Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 35086 of 2018 Petitioner :- Mehndi Hasan Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Mohammad Arshad Khan Counsel for Respondent :- G.A.
Hon'ble Ram Surat Ram (Maurya),J. Hon'ble Anil Kumar-IX,J.
By the order dated 5.12.2018, A.G.A was directed to obtain instructions particularly in regard to injury report of the informant Atul Solanki but the required information could not be obtained by A.G.A.
Writ petition has been filed for quashing the F.I.R. dated 13.10.2018 registered as case crime no. 0938 of 2018 under Sections 323,307,504 I.P.C.,and Section 3(1)(Da) and Section 3(1)( Dha) of S.C.ST ( Prevention of Atrocities) Act, 1989 Police Station -Civil Line, District Rampur.
A perusal of the F.I.R. indicates that in substance, allegation has been made that on 12.10.2018 at 7.00 P.M.,when the informant was coming to his house then accused Mahndi Hassan, Danish Khan had stopped him and enquired about his father. Informant refused to tell in respect of his father then they began to abuse and assaulted him with knife and butt of the country made pistol.
Counsel for the petitioner submits that an application under Section 156(3) Cr.P.C. has been moved before the C.J.M. Rampur for registering F.I.R. against Gaffar brother of Mehndi Hassan, which was ultimately registered by order dated 7.11.2015 against Gaffar. In retaliation of the said F.I.R. false F.I.R. has been lodged against the petitioner while no such incident is said to have taken place on 12.10.2018.
In view of the facts of present case, writ petition is disposed of finally with the direction that the petitioner shall not be arrested in case crime no. 0938 of 2018 under Sections 323,307,504 I.P.C., and Section 3(1)(Da) and Section 3(1)( Dha) of S.C.ST ( Prevention of Atrocities) Act, 1989 Police Station -Civil Line, District Rampur till submission of police report under Section 173(2) Cr.P.C.
Order Date :- 19.12.2018 aks