Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 37846 of 2018 Petitioner :- Rakha @ Jatin Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Vinod Kumar Srivastava,Sunil Kumar Srivastava Counsel for Respondent :- G.A.
Hon'ble Ram Surat Ram (Maurya),J. Hon'ble Anil Kumar-IX,J.
Heard Shri Sunil Kumar Srivastava, learned counsel for petitioner and and learned A.G.A. for State of Uttar Pradesh.
This writ petition has been filed for quashing the F.I.R. dated 28.11.2018 registered as Case Crime No. 338 of 2018, under Sections 323, 326, 504 I.P.C., Police Station- Kotwali Nagar, District- Saharanpur.
The incident is alleged to have taken place on 07.11.2018 while the F.I.R. was lodged on 28.11.2018. In the F.I.R. it has been stated that informant was celebrating Diwali by firing crackers out of his house. Then accused person was opposing him to fire crackers. Ujjawal, Rakha, Sidharth and Joni Toke began to assault upon informant through danda and belt. Jony Toke attacked on the mouth of informant by danda.
Counsel for the petitioner submits that due to mouth injury Section 326 I.P.C. has been included in the F.I.R. The mouth injury has been alleged to have caused by Jony Toke who has been exonerated by the police during investigation. So far as the petitioner is concerned it is alleged that he has caused injury through belt, is simple in nature.
In view of the fact of present case writ petition is disposed of with the direction that petitioner shall not be arrested in Case Crime No. 338 of 2018, under Sections 323, 326, 504 I.P.C., Police Station- Kotwali Nagar, District- Saharanpur till the submission of report by Investigating Officer under Section 173(2) Cr.P.C.
Order Date :- 21.12.2018 Sharad/-