Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Anoop Trivedi, learned counsel for the petitioner, Sri N.K.Verma, learned A.G.A. for the State and perused the impugned FIR as well as material brought on record.
This petition has been filed by the petitioner with a prayer to quash the FIR dated 20.5.2018, registered as case crime No.144 of 2018, under Sections 328, 304, 272, 273 I.P.C. & Section 60 (A) of Excise Act, Police Station Rura, District Kanpur Dehat.
Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in the present case with malafide intention. He further submitted that the petitioner is an old man aged about 84 years, he suffered paralysis attack in the year 2016 and he was admitted in B.L.K.Super Specialty Hospital, he is also suffering from coronary artery disease. He next argued that the petitioner is a chronic patient and is suffering with HTN with CAD with hypothyroid with old CVA and suffered neurological attack on 13.4.2018 and was discharged on 15.4.2018 and for further treatment the petitioner is hospitalized on 25.5.2018, the said fact has been mentioned in paragraph no.5 to 11 of the writ petition. He next argued the allegations levelled against the petitioner is absolutely false, frivolous and baseless. No offence is made out against the petitioner, hence, FIR is liable to be quashed by this Court.
Learned A.G.A.opposed the prayer for quashing of the FIR.
Considering the submissions advanced by learned counsel for the parties and nature of the allegations, it is directed that the petitioner shall not be arrested in above mentioned case, till the submission of the police report under section 173(2) Cr.P.C. but he shall co-operate with the investigation of the case.
With the above direction, this petition is finally disposed of.
The case of the petitioner is distinguishable from the co-accused persons.
(Dinesh Kumar Singh-I,J.) (Ramesh Sinha, J.) Order Date :- 30.5.2018/NS