Court No. - 33
Case :- CRIMINAL MISC. WRIT PETITION No. - 5067 of 2019 Petitioner :- Nitin Kumar @ Avinash And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ram Sanehi Yadav Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J. Hon'ble Vivek Varma,J.
Heard learned counsel for the petitioners; learned A.G.A. for the State-respondent nos.1 and 2; and perused the record.
The instant petition has been filed for quashing the FIR dated 29.12.2018 registered as Case Crime No.885 of 2018, under Sections 452, 324, 323, 504 and 506 I.P.C., Police Station Sikandra Rao, District Hathras.
The allegations made in the impugned FIR discloses commission of cognizable offence and it appears that the informant, his son and wife have suffered injury.
Learned counsel for the petitioners submits that there is cross version of the incident, which has been registered as Case Crime No.884 of 2018, under Sections 452, 323, 504 and 506 I.P.C.
Merely on the ground that there is a cross version, the impugned FIR cannot be quashed, because, in a cross case as to who is the aggressor, is to be determined on the basis of material collected during the course of investigation and evidence led in trial.
The petitioners are at liberty to apply for bail. Subject to above, the petition is dismissed.
Order Date :- 25.2.2019 Ajeet