Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 37065 of 2018 Petitioner :- Ramu Bharti Ramu And 3 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Vijay Kumar Counsel for Respondent :- G.A.
Hon'ble Ram Surat Ram (Maurya),J. Hon'ble Anil Kumar-IX,J.
Heard Sri Vijay Kumar, counsel for the petitioners and A.G.A. appearing for the State of U.P.
Writ petition has been filed for quashing the F.I.R. Dated 13.11.2018 registered as case crime no. 0478 of 2018 under sections 323,504,308 I.P.C. Police Station Belipar, District Gorakhpur.
A perusal of the F.I.R. Indicates that in substance, allegation has been made that on 12.11.2018 at about 7.00 P.M.when daughter of the informant went to purchase household articles from the shop then accused Dharmendra came there and abused us.After, daughter of the informant returned home then too accused Dharmendra came along with Laaharman, Rajaram and Ramu, who were armed with lathi and danda and attacked on the family members in which our family members sustained several injuries. On raising protest by the neighbours, somehow and other, life of the family members of informant could be saved.. F.I.R., thus discloses cognizable offence and such, it is not liable to be quashed.
Writ petition is , accordingly, dismissed.
However, in case, the petitioners appear and surrenders before the court concerned and apply for bail, their bail applications shall be considered and disposed of expeditiously in accordance with law.
Order Date :- 18.12.2018 aks