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Samsad Ahmad Shekh & Anr. vs State Of U.P. Thru. Secretary ...

High Court Of Judicature at Allahabad|11 February, 2021

JUDGMENT / ORDER

Hon'ble Rajeev Singh,J.
Heard Ms. Priyanka Singh, holding brief of Sri Raghvendra Pandey, learned Counsel for the petitioners and learned AGA for the State/respondents.
This writ petition has been filed the petitioners, Samsad Ahmad Shekh, Mohd. Sahid, seeking to quash the First Information Report registered as F.I.R. No. 243 of 2020, under Sections 147, 148, 149, 307, 323, 504, 506 I.P.C., under Section Mandhata, District Pratapgarh.
Learned Counsel for the petitioners submitted that the petitioners have been implicated in the present case though the injuries which have been sustained by the victim appears to be hard blunt object, whereas in the impugned F.I.R., it has been alleged the use of fire arm. He also submits that the petitioners have no criminal antecedents.
Learned AGA, on the basis of instructions received by him, has submitted that the fracture has been found on the hand of the victim, therefore, during the course of investigation, section 325 I.P.C. has also been added. He further pointed out that charge-sheet has been prepared in the present case and the same has been forwarded to the Circle Officer concerned for onward submission of the Court concerned.
Considering the facts and circumstances of the case, we direct the concerned Circle Officer to submit the charge-sheet before the competent Court within two weeks from today, if not already submitted.
Till two weeks or till submission of the police report under Section 173(2) of the Code of Criminal Procedure before the competent Court, whichever is earlier, no coercive action against the petitioners in pursuance of the impugned F.I.R. shall be taken.
The writ petition is disposed of, accordingly.
.
(Rajeev Singh, J.) (Ramesh Sinha, J.) Order Date :- 11.2.2021 Ajit/-
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Title

Samsad Ahmad Shekh & Anr. vs State Of U.P. Thru. Secretary ...

Court

High Court Of Judicature at Allahabad

JudgmentDate
11 February, 2021
Judges
  • Ramesh Sinha
  • Rajeev Singh