Court No. - 33
Case :- CRIMINAL MISC. WRIT PETITION No. - 4573 of 2019 Petitioner :- Raju @ Rohit Respondent :- State Of U.P. And 2 Othrs Counsel for Petitioner :- Ramanuj Yadav Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J. Hon'ble Vivek Varma,J.
Heard learned counsel for the petitioner; learned A.G.A. for the State-respondent nos.1 and 2; and perused the record.
The instant petition seeks quashing of the FIR dated 2.2.2019 registered as Case Crime No.0037 of 2019, under Sections 504, 452 and 394 I.P.C., Police Station Tharwai, District Prayagraj.
The allegation in the FIR discloses commission of cognizable offence and the petitioner is named in the FIR. It is alleged that petitioner has assaulted the victim Piyush Kumar on his head with butt of pistol. It is also alleged that hockey sticks were used.
On 21.02.2019, we required the learned A.G.A. to seek instructions whether there is any injury report in support of prosecution case.
Learned A.G.A. has filed an affidavit of compliance enclosing therewith injury report of victim Piyush Kumar, which discloses traumatic swelling on right side of head at parietal region. There is pain in thigh due to injury. X-ray has also been advised.
In view of the above, we decline to quash the FIR. The petitioner is at liberty to apply for bail.
With the aforesaid liberty, this petition is disposed off.
Order Date :- 26.2.2019 Ajeet