Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 37875 of 2018 Petitioner :- Rohit And 8 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Chandra Badan Counsel for Respondent :- G.A.
Hon'ble Ram Surat Ram (Maurya),J. Hon'ble Anil Kumar-IX,J.
Heard Sri Chandra Badan for the petitioners and A.G.A. for State of U.P.
This writ petition has been filed for quashing the F.I.R. dated 30.9.2018 (registered as Case Crime No. 0684 of 2018), u/s 147, 148, 149, 323, 452, 354-kha, 307, 34 I.P.C., P.S. Iglas, district Aligarh.
In substance, allegation in the F.I.R. has been made that on 13.8.2018, at 4 p.m., sister-in-law of the informant, namely, Smt. Shakuntala Devi was doing her domestic work at her house. The informant and his wife Smt. Manju Devi were attending their cattle. All of a sudden, Smt. Shakuntala Devi started screaming, then the informant and his wife also reached the spot and found that Rohit was molesting Smt. Shakuntala Devi, the sister- in-law of the informant. On their hue and cry, various persons came there, then Rohit ran away from the spot. Thereafter, Rohit, along with other accused, armed with lathi-danda, licensed gun and countrymade pistols, entered the house of Smt. Shakuntala Devi and began to assault her. Radha Balhabah opened fire from his licensed gun upon the informant, which caused injury to Rajendra Singh in his head and Nahar Singh received injury from lathi-danda. The accused also tore the clothes of Smt. Shakuntala Devi.
Counsel for the petitioners submits that the F.I.R. is a counterblast and has been filed on false allegations, inasmuch as, the petitioner lodged F.I.R., registered as Case Crime No. 0610 of 2018 on 13.8.2018 at 2019 hrs. of the incident dated 13.8.2018. In that incident, Rinku received gunshot injury on his thigh and Radha Balhabh received fracture injury on his leg. So far as injury of Nahar Singh is concerned, on his body, only one abrasion was found and he complained of pain and so far as injury of Rajendra Singh is concerned, only abrasion on right side temporal region was found and in the opinion of the doctor, it was caused by hard and blunt object, thus, the F.I.R. story is not corroborated with the medical evidence.
Considering the submissions advanced by counsel for the parties and nature of the allegations, it is directed that the petitioners shall not be arrested in pursuance of F.I.R. dated 30.9.2018 (registered as Case Crime No. 0684 of 2018), u/s 147, 148, 149, 323, 452, 354-kha, 307, 34 I.P.C., P.S. Iglas, district Aligarh, till submission of police report under section 173(2) Cr.P.C. but they shall co-operate with the investigation of the case.
With the above direction, this petition is finally disposed of. Order Date :- 21.12.2018 Jaideep/-