Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 34378 of 2018 Petitioner :- Noorul Haque Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Abhishek Kumar Singh Counsel for Respondent :- G.A.
Hon'ble Ram Surat Ram (Maurya),J. Hon'ble Anil Kumar-IX,J.
Heard Sri Abhishek Kumar Singh for the petitioner.
The writ petition has been filed for quashing the F.I.R. dated 13.11.2018 registered as Case Crime No.0875 of 2018 under Sections 392, 323, 506 I.P.C. P.S.Colonelganj, district Allahabad.
In substance the allegation made in the F.I.R. is that on the date of incident at about 8-55 P.M. the informant was going towards Katra Crossing and as soon as he reached in front of Nalini Photostat, Noorul Haque and his three-4 friends surrounded him and assaulted him through butt of the country made pistol, rod and danda and snatched his gold chain of 02 tola. On his making hue and cry when people started thronging there they ran away from the spot.
The counsel for the petitioner submits that the allegation is mala fide. In fact the informant Ujjal Srivastava misbehaved with Rani Singh a friend of the petitioner on 12.11.2018 and had demanded Rs.5-00 lac from her. A complaint in that respect was made by Rani Singh and F.I.R.has been registered as Case Crime No.0883 of 2018 under Sections 147, 323, 504, 506, 354(B), 384, IPC, P.S. Colonelganj, district Allahabad. In order to pressurize Rani Singh the present F.I.R. has been lodged by the informant on false allegation. Although it is alleged that the petitioner and 3-4 other coaccused armed with country made pistol, rod and danda assaulted the victim but no injury has been caused to him.
We have considered the arguments of the counsel for the petitioner.
So far as the F.I.R. of Case Crime No.0883 of 2018 is concerned the incident as mentioned in it was of 12.11.2018 but the complaint was given to Senior Superintendent of Police on 16.11.2018 while the present F.I.R. has already been registered on 13.11.2018. Therefore, it cannot be said that the present F.I.R. was lodged in retaliation of the Case Crime No.0883 of 2018.
So far as the non receiving of injuries to the victim is concerned, even if no injury has been received, the offence against the petitioner will not be obliterated. The F.I.R. shows the commission of offence and it is not liable to be quashed.
The writ petition has no merit and is dismissed.
Order Date :- 29.11.2018 mt