Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 37307 of 2018 Petitioner :- Raiphal And 2 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ashok Kumar Tripathi Counsel for Respondent :- G.A.
Hon'ble Ram Surat Ram (Maurya),J. Hon'ble Anil Kumar-IX,J.
Heard Sri Ashok Kumar Tripathi for the petitioners and A.G.A. for State of U.P.
This writ petition has been filed for quashing the F.I.R. dated 27.11.2018 (registered as Case Crime No. 892 of 2018), u/s 308, 323, 504 I.P.C., P.S. Budhana, district Muzaffarnagar.
The incident is alleged to have taken place on 22.11.2018. In the F.I.R., it has been alleged that when the informant Sonu Singh was coming towards his field, then the petitioners Raiphal, his son Pankaj (aged about 12 years) and wife Smt. Geeta, assaulted him through iron rods, due to which, he received injuries on his head. Thereafter, they again came at his house and assaulted him through lathi and danda. Medical of the injured Sonu Singh was conducted on 21.11.2018 at 8 p.m., in which, one traumatic swelling of size 5cm x 5cm was found on his right frontal region of skull.
Counsel for the petitioners submits that the incident is alleged to have taken place on 22.11.2018, but the injury report is dated 21.11.2018, while the F.I.R. was registered on 27.11.2018. Thus, the injury report is not corroborated with the allegations made in the F.I.R. Prosecution has not come with clean hands in the present case, inasmuch as, Sonu Singh tried to molest the wife of Raiphal (petitioner-1). Police has not registered the F.I.R. of the petitioners and the petitioners have moved an application u/s 156(3) Cr.P.C.
Considering the submissions advanced by counsel for the parties and nature of the allegations, it is directed that the petitioners shall not be arrested in pursuance of F.I.R. dated 27.11.2018 (registered as Case Crime No. 892 of 2018), u/s 308, 323, 504 I.P.C., P.S. Budhana, district Muzaffarnagar, till the submission of police report under section 173(2) Cr.P.C. but they shall co-operate with the investigation of the case.
With the above direction, this petition is finally disposed of.
Order Date :- 20.12.2018 Jaideep/-