Court No. - 40
Case :- CRIMINAL MISC. WRIT PETITION No. - 5047 of 2018 Petitioner :- Nitin Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sudhir Kumar Agarwal Counsel for Respondent :- G.A.
Hon'ble Amreshwar Pratap Sahi,J. Hon'ble Rajeev Misra,J.
Heard learned counsel for the petitioner and Sri Saghir Ahmad, the learned A.G.A. for the State-respondent Nos. 1 and 2.
The petitioner has come up for quashing of an F.I.R. lodged by the respondent No. 3 in Case Crime No. 37 of 2018, under sections 376, 452 I.P.C., Police Station Bhopa, District Muzaffar Nagar.
The main contention of the learned counsel for the petitioner is that the impugned F.I.R. is a counter measure in order to dilute the effect of the F.I.R. which has been lodged against the family of the respondent No. 3.
Learned counsel for the petitioner submits that the timing of both the F.I.Rs. would indicate that this impugned F.I.R. in Case Crime No. 37 of 2018 has been lodged as a counter measure after the F.I.R. has been lodged against the complainant.
We have considered the submissions raised and we also find that the petitioner is stated to have sustained injuries.
In our considered opinion, there is an incident which requires investigation more so when the petitioner has himself sustained injuries. It is for the petitioner to explain these injuries caused to him, but at this stage, we will not enter into any of the pleas raised as a defence for quashing the F.I.R. inasmuch as the recital in the F.I.R. does indicate the commission of such an offence which requires investigation. The writ petition, therefore, cannot be entertained.
It is, accordingly consigned to records.
Order Date :- 28.2.2018 HSM