Court No. - 54
Case :- CRIMINAL MISC. WRIT PETITION No. - 4615 of 2019 Petitioner :- Sunil Kumar Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ram Prakash Dwivedi Counsel for Respondent :- G.A.
Hon'ble Pritinker Diwaker,J. Hon'ble Raj Beer Singh,J.
Heard Sri Ram Prakash Dwivedi, learned counsel for the petitioner and Sri J.K. Upadhyay, learned A.G.A. for the State- respondents.
This writ petition has been filed by the petitioner seeking quashment of FIR dated 13.12.2018 in respect of Crime No. 1362 of 2018 for the offence under Sections 307, 323, 506 and 120-B I.P.C., P.S. Tajganj, District-Agra.
Learned counsel for the petitioner submits that petitioner is a brother-in-law (dewar) of Sundari Devi, injured and only on the basis of suspicion, he has been made accused. It has been argued that after sustaining injury, injured was taken to hospital and soon thereafter, the petitioner also reached there and gave best possible help for proper medical treatment to the injured. Learned counsel submits that till date no evidence has been collected against him by the prosecution.
On the other hand, State counsel opposes the petition, however, he is unable to point out as to what role has been played by the petitioner.
Considering the facts and circumstances of the case and the nature of allegations levelled against the petitioner, we are not inclined to quash the criminal proceedings.
However, we finally dispose of this petition with a direction to the State authorities that no coercive action shall be taken against the petitioner in respect of above stated crime number till the submission of charge sheet under Section 173(2) of Cr.P.C. before the court concerned.
It is made clear that this order would remain effective till the petitioner cooperates in the investigation.
Order Date :- 28.2.2019 SK/Mohit