Court No. - 49
Case :- CRIMINAL MISC. WRIT PETITION No. - 2922 of 2021 Petitioner :- Shakti Singh Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Amar Jeet Upadhyay Counsel for Respondent :- G.A.
Hon'ble Bachchoo Lal,J.
Hon'ble Sanjay Kumar Pachori,J.
Heard learned counsel for the petitioner, learned A.G.A. for the respondents no. 1 and 2 and perused the record.
The present petition has been filed by the petitioner for quashing the impugned first information report dated 22.2.2021 registered as Case Crime No.29 of 2021, under Section 323, 324, 307, 354A, 354B, 392 IPC, P.S.- Railway Road, District Meerut with further prayer not to arrest the petitioners in pursuance of the aforesaid FIR.
Learned counsel for the petitioners submits that there is civil dispute in between the parties. Civil litigation is going on. The FIR from the side of the petitioner has also been lodged, thereafter the informant/respondent no. 3 has lodged the impugned FIR on 22.2.2021 making false and frivolous allegation against the petitioner. No such incident has taken place. The impugned FIR has been lodged with mala fide intention and to make undue pressure upon the petitioner, therefore the impugned FIR is liable to be quashed.
Learned A.G.A. opposed the prayer for quashing the FIR and argued that in first information report it has been mentioned that the petitioner and two other have committed marpeet with informant/ respondent no.3 with lathi danda and also assaulted on her head with sharp edged weapon and tried to commit rape upon her. In first information report it has also been mentioned that in this incident respondent no. 3 has sustained injuries. The copy of injury report has not been annexed. From the allegation made in the first information report a prima facie cognizable offence is made out against the petitioner, therefore the impugned FIR is not liable to be quashed.
As per FIR version on 21.2.2021 at 5.00 P.M. the informant/respondent no. 3 was going to her house from Kutchery. On the way the petitioner and two unknown assaulted and caused injury to her on her head, torn her cloth, snatched her golden chain and tried to commit rape upon her. From the allegation made in the first information report it cannot be said that no cognizable offence is made out against the petitioner.
Considering the facts and circumstance of the case and submissions advanced by the learned counsel for the parties, we do not find it a fit case for quashing the impugned FIR, therefore the prayer for quashing the same is hereby refused and the writ petition is dismissed.
Order Date :- 7.4.2021/A.