Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 1696 of 2019 Petitioner :- Narendra Sharma Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Navin Kumar Srivastava Counsel for Respondent :- G.A.
Hon'ble Ram Surat Ram (Maurya),J. Hon'ble Anil Kumar-IX,J.
Heard Sri Deepa Singhholding brief of Sri Navin Kumar Srivastava, for the petitioner and A.G.A. for the State of U.P.
The writ petition has been filed or quashing the F.I.R. dated 7.12.2018, registered as Case Crime No.0250 of 2018, under Sections 323, 504, 506, I.P.C. and under Section 3(1)(da), 3(1) (dha) of Scheduled Castes and Scheduled Tribes(Prevention of Atrocities) Act, 1989, P.S. Gursarai, district Jhansi.
In substance in the F.I.R. allegation has been made that the informant was Shiksha Mitra. Head Maser has assaulted her for the reason that while teaching she asked students to remain disciplined. The incident is alleged to have taken place on 5.12.20218. the injuries were examined n 6.12.2018 at 6-55 P.M. In the medical examination report duration of injuries has been mentioned two daysold. The injuries were found to be simple in nature.
he counsel for the petitioner submits that respondent-3 used to remain absent. When she was asked to remain present then on false allegation this F.I.R. has been lodged by fbricating injury.
In the fact of the case the writ petition is disposed of with the direction that the petitioner shall not be arrested in Case Crime No.0250 of 2018, under Sections 323, 504, 506, I.P.C. and under Section 3(1)(da), 3(1)(dha) of Scheduled Castes and Scheduled Tribes(Prevention of Atrocities) Act, 1989, P.S. Gursarai, district Jhansi, till submission of police report under Section 173(2) Cr.P.C.
Order Date :- 22.1.2019 mt