Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 2381 of 2019 Petitioner :- Pradeep Dubey Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sudist Kumar Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Sudist Kumar, learned counsel for the petitioner, Sri Jai Narain learned A.G.A. for the State and perused the impugned FIR as well as material brought on record.
This petition has been filed by the petitioner with a prayer to quash the FIR dated 17.1.2019, registered as Case Crime No.5 of 2019, under Sections 323, 504, 506, 308 I.P.C., Police Station Shadiyabad, District Ghazipur.
Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in the present case with malafide intention due to political business rivalry of the village, though he has no concern with the offence in question. He further submitted that the injured, namely, Sahab Lal Verma was medically examined and three injuries were found on his person, out of which two are complaint of pain while the other is on the head, though the X-ray was advised but he is not having X-ray report. He next argued that the petitioner has also lodged an FIR against the complainant party subsequently. No offence is made out against the petitioner, hence, FIR is liable to be quashed.
Learned A.G.A. opposed the prayer for quashing of the F.I.R. which discloses cognizable offence.
Considering the submissions advanced by learned counsel for the parties and nature of the allegations, it is directed that the petitioner shall not be arrested in above mentioned case, till the submission of the police report under section 173(2) Cr.P.C. but he shall co-operate with the investigation of the case.
It is made clear that if any fracture or internal damage is found in the X- ray report of the said injured, the interim protection granted to the petitioner shall automatically stand discharged.
The petitioner is further directed to produce the copy of this order before the S.P.,Ghazipur, within a week from today, who shall verify about the aforesaid fact, failing which the present order shall stand discharged.
With the above direction, this petition is finally disposed of.
(Dinesh Kumar Singh-I,J.) (Ramesh Sinha, J.) Order Date :- 29.1.2019/NS