Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 22895 of 2018 Petitioner :- Shivsaran Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Usha Srivastava,Saurabh Tripathi Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri D.K. Srivastava holding brief of Smt. Usha Srivastava, learned counsel for the petitioner, Sri G.P. Singh, learned A.G.A. for the State 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 01.08.2018 registered as case crime no.359 of 2018 under section 308 IPC, Police station Sindhauli, District Shahjahanpur.
Learned counsel for the petitioner submits that the petitioner is the manager of the hospital in question and it is stated that the victim was brought to his hospital for his ailment and an injection was injected to the victim on account of which some scar has been found on the person of the victim. It is further stated that no offence u/s. 308 IPC has been made out.
Learned A.G.A. opposed the prayer for quashing.
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 :- 23.8.2018 Madhurima