Court No. - 33
Case :- CRIMINAL MISC. WRIT PETITION No. - 5470 of 2019 Petitioner :- Ramesh Chandra Gautam And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Digvijay Singh Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J. Hon'ble Vivek Varma,J.
Heard learned counsel for the petitioners, learned AGA for the State- respondents and perused the record.
Instant writ petition seeks quashing of the FIR dated 18.2.2019 registered as Case Crime No. 0081 of 2019, under Sections 332, 353, 294, 504, 506 IPC at P.S. Sadabad Kotwali, District Hathras.
The impugned FIR, which has been lodged by the clerk of the Registrar concerned, alleges that a sale deed was brought in the office of the Registrar for registration. Sale deed had four attesting witnesses but only two were produced and when the Registrar insisted for production of remaining witnesses, accused created a scene, insulted and threatened staff and threw away official papers, etc.
Learned counsel for the petitioners states that the petitioner no. 1 is a practising advocate, and because an illegal demand was raised, altercation took place, which has been given a different colour.
It is well settled that the defence of the accused is not to be considered, while considering the prayer for quashing of the FIR. The grounds taken in defence can be taken and considered while considering a bail prayer.
In view of above, the prayer of the petitioner to quash the FIR cannot be accepted.
The writ petition is dismissed.
Order Date :- 28.2.2019 RavindraKSingh