Court No. - 37
Case :- CRIMINAL MISC. WRIT PETITION No. - 3786 of 2021 Petitioner :- Priyanka And Others Respondent :- State of U.P. and Others Counsel for Petitioner :- Prabhat Chandra Mishra Counsel for Respondent :- G.A.
Hon'ble Manoj Kumar Gupta,J. Hon'ble Gautam Chowdhary,J.
Heard learned counsel for the petitioners, learned A.G.A. for the State and perused the record.
The instant writ petition has been filed challenging the first information report dated 27.3.2021 registered as Case Crime No. 253 of 2021, under Section 147, 308, 336, 504, 506 I.P.C., P.S. Auraiya, District- Auraiya with further prayer to stay the arrest of the petitioners during investigation.
According to the allegations made in the F.I.R. an altercation took place between the first informant and the accused persons. The first informant alleges that he was hit on his head resulting in fracture of parietal bone. It is further alleged that he got himself examined in a private hospital and in the X-ray it has become clear that there is fracture of the parietal bone.
Learned counsel for petitioners submitted that the instant F.I.R. is by way of counter blast. The petitioner No.1 had filed an application u/s 156(3) Cr.P.C. for registering first information report against her husband and other family members who were harassing her and during its pendency the impugned F.I.R. has been lodged.
In view of the specific allegation that the first informant has received injury on his head and which according to him stands duly established in the X-ray report, we are not inclined to interfere in the matter.
The petition lacks merit and is accordingly dismissed with liberty to the petitioners to apply for anticipatory bail/bail as is maintainable or advised.
In the event, the bail application is filed, the same shall be considered and decided expeditiously.
(Gautam Chowdhary,J.) (Manoj Kumar Gupta,J.) Digitally signed by Manoj Kumar Gupta Date: 2021.05.26 14:58:48 IST Reason: Document Owner Location: High Court of Judicature at Allahabad Order Date :- 25.5.2021/Vandana Digitally signed by Justice Gautam Chowdhary Date: 2021.05.26 15:01:45 IST Reason: Document Owner Location: High Court of Judicature at Allahabad