Court No. - 33
Case :- CRIMINAL MISC. WRIT PETITION No. - 8405 of 2019 Petitioner :- Varun Talan Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- J.B. Singh Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J. Hon'ble Suresh Kumar Gupta,J.
Heard learned counsel for the petitioner; the learned A.G.A. for the respondents 1 and 2; and perused the record.
The instant petition seeks quashing of the FIR dated 15.03.2019 registered as Case Crime No. 132 of 2019 at P.S. Tappal, District-Aligarh, under Sections 147/148/149/332/353/323/504/506 I.P.C. and section 7 of Criminal Law Amendment Act.
The allegation in the impugned first information report is that an Alto Car was signalled to stop by the police personnel. The people inside the car entered into altercation and 10-12 other persons also congregated and they started assaulting the police personnel. It is alleged that police constable Pravin Kumar and Tinu Tomar (the informant) have received injuries. The petitioner is named in the first information report along with others.
The contention of the learned counsel for the petitioner is that the petitioner has been falsely implicated in the case and that on the date of the incident, he had an examination and was returning from his examination but by levelling false allegations he has been implicated.
Be that as it may, as the police personnel have received injuries which are quite a few in numbers, no case of quashing of first information report is made out.
The petition is dismissed with liberty to the petitioner to apply for bail.
Order Date :- 29.4.2019 Sunil Kr Tiwari