Court No. - 44
Case :- CRIMINAL MISC. WRIT PETITION No. - 16807 of 2019 Petitioner :- Ravi Singh Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Hirdesh Kumar Yadav,Sushma Yadav Counsel for Respondent :- G.A.
Hon'ble J.J. Munir,J. Hon'ble Anil Kumar-IX,J.
This petition has been filed challenging an FIR dated 28.02.2019 giving rise to Case Crime No. 37 of 2019 under Section 394, 308, 506 IPC, P.S. Pipari, District-Sonbhadra.
Heard Sri H.K. Yadav, learned counsel for the petitioner and Sri Deepak Mishra, learned AGA appearing on behalf of the State.
In compliance with our order dated 17.06.2019, the injury report relative to the present crime has been produced, which is retained on record. Rajesh Yadav, the first informant and victim of the crime was medically examined on 28.02.2019 and the medico legal report shows that he has sustained as many as nine injuries. The injuries are as under:
1. A stitched wound (10 stitches) measuring 10 c.m. x 0.3 cm on head on left side and contused swelling around it measuring 10 cm x 3 cm.
2. A stitched wound measuring 3 x 0.2 cm on forehead on left side and 4 stitches.
3. A stitched wound and 1 stitch measuring 1 x 0.1 cm above (1 cm) right ear.
4. A stitched wound and 1 stitch measuring 1 cm on middle of scalp.
5. A stitched wound measuring 1 cm and 1 stitch on scalp on back.
6. A contused swelling 10 x 9 cm on right forearm (palm) and 1 stitch on dorsum of hand.
7. A stitched would and single stitch on palm.
8. An abrasion measuring 2 x 1 cm on left knee.
9. Multiple Abrasions measuring 15 x 10 cm on right shoulder.
Learned counsel for the petitioner has argued that an incident had taken place earlier way back on 19.06.2016, where the informant and other family members of his had beaten the petitioner's father and in the said incident, the father of the petitioner had received injuries. The petitioner's father had lodged an FIR on 01.07.2016. It is submitted that the present case has been brought by the first informant-respondent no. 4 in order to browbeat the petitioner into withdrawing from the said case.
A perusal of the first information report shows that the informant was assaulted with iron punch rod and other weapons by the petitioners and left bleeding which read together with injury report discloses serious injuries to the head.
In the aforesaid facts and circumstances, this Court is not inclined to interfere with the impugned first information report. In the result, the writ petition is dismissed.
Order Date :- 20.6.2019 Deepak