Court No. - 44
Case :- CRIMINAL MISC. WRIT PETITION No. - 20024 of 2019 Petitioner :- Soran Singh Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Vivek Kumar Sharma Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Raj Beer Singh,J.
Heard Sri Vivek Kumar Sharma, learned counsel for the petitioner, Sri Amrit Raj Chaurasia, learned A.G.A. appearing for the State and perused the impugned F.I.R. as well as material brought on record.
The relief sought in this petition is as follows:
"issue a writ order or direction in the nature of mandamus directing the respondent concerned to provide compensation to the petitioner for the offence committed by the accused persons in Complaint Case No.107/2017 (Soran Singh vs. Kunwar Pal and another) under Sections 511, 384, 504, 506 IPC and 3(1)(dha) SC/ST Act, Police Station Shamshabad, District Agra pending before learned Special Judge SC/ST Act, Agra."
Learned counsel for the petitioner submits that the petitioner happens to be the complainant of the case and he has lodged an FIR against the accused person against whom trial is pending. It is further stated that petitioner has come up before this Court for grant of compensation.
Learned AGA opposed the prayer for quashing of the FIR and submitted that trial is still subjudice before the Court concerned.
After having examined the submissions advanced by learned counsel for the parties and perused the impugned FIR, we are of the opinion that the impugned FIR discloses cognizable offence against the petitioner, hence, no interference is called for by this Court in its extraordinary power under Article 226 of the Constitution of India for quashing of the FIR or for grant of any interim relief to the petitioner.
The petition lacks merit and is, accordingly, dismissed.
It is open to the court concerned to consider the case of the petitioner after completion of trial.
(Raj Beer Singh, J.) (Ramesh Sinha, J.) Order Date :- 30.7.2019 Deepika