Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 20406 of 2018 Petitioner :- Sonu And 3 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Syed Ali Imam Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Sri Syed Ali Imam, learned counsel for the petitioner, Sri Abhishek Mishra, learned counsel for the private respondent and Sri Deepak Mishra, learned A.G.A. for the State are present.
This writ petition has been filed with a prayer to quash the first information report dated 13.7.2018 in Case Crime No. 515 of 2018, under Sections 323, 307, 504 and 506 IPC, P.S. Dankaur, District Gautam Buddh Nagar.
Learned counsel for the petitioner submitted that it is the case of no injury, the said averment has also been made by him in paragraph no. 8 of the writ petition.
The said contention of the learned counsel for the petitioner has been denied by the counsel for the respondent no. 3 and stated that there are five injured persons in the present case, though he has produced a copy of only three injured persons, from perusal of which, it is apparent that the victims have sustained injuries.
Considered the submissions advanced by the learned counsel for the parties.
In view of above arguments, it is clear that a false averment has been made in the paragraph 8 of the writ petition by the deponent of the case- Pancham Singh, as it is the case of injury, which has been pointed out by the counsel for the respondent no. 3, who has produced a medical examination report of the three injured persons, hence, the present writ petition is dismissed with an exemplary cost of Rs. 20,000/-, which shall be deposited by the deponent of the present case, namely Pancham Singh s/o Mohan Singh, R/o 196, Dadri Khatana Dhirkhera, Gautam Buddha Nagar, U.P. within one month from today in the court of C.J.M. concerned and the same shall be equally distributed amongst all the injured persons (informants) of the present case.
It is made clear that, if the said amount is not deposited by the deponent within the aforesaid period, the same shall be recovered as arrears of land revenue.
The Registrar General of this Court is directed to send a certified copy of this order to the District Judge, Gautam Buddh Nagar for necessary information and compliance.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 30.7.2018 A.P. Pandey