Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 26407 of 2018 Petitioner :- Sanjay Tomar Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ghanshyam Das Mishra, Counsel for Respondent :- G.A.,Devi Prasad Tripathi,Manish Kumar Pandey
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri G.S.D. Mishra, learned counsel for the petitioner, Sri M.K. Pandey, learned counsel for the respondent no. 4, Sri Gambhir Singh, learned A.G.A. for the State and perused the impugned F.I.R. as well as material brought on record.
This petition has been filed by the petitioner with a prayer to quash the F.I.R. dated 4.9.2018 registered as case crime no. 408 of 2018 under sections 307, 328, 323, 504 I.P.C. and 3 (2) (V) S.C/S.T. Act, police station Kotwali, District Pilibhit.
Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case by respondent no. 3 and the role of assaulting the injured with knife has been assigned to co-accused Sachin Saxena. He submits that the petitioner at the time of incident was found to be present at another place as is evident from the police report dated 24.8.2018 copy of which is annexed as annexure-2 to the present petition, hence the present F.I.R. against the petitioner is liable to be quashed by this Court.
Learned counsel for the respondent no. 4 and learned A.G.A. opposed the prayer for quashing but could not dispute the fact that no role of assaulting the injured has been assigned to the petitioner and offence under section 328 I.P.C. is made out against him.
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.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 24.9.2018 Shiraz