Court No. - 33
Case :- CRIMINAL MISC. WRIT PETITION No. - 11501 of 2019 Petitioner :- Vinod Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Arun Kumar Sharma Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J. Hon'ble Suresh Kumar Gupta,J.
Heard learned counsel for the petitioner; learned A.G.A. for the respondents 1, 2 and 3; and perused the record.
The instant petition seeks quashing of the first information report dated 12.02.2019 registered as Case Crime No.0114 of 2019, at P.S. Kotwali, District Mainpuri, under Sections 323, 342 504 I.P.C., in which, after death of the victim, Sections 304, 147, 148 and 149 I.P.C., have also been added.
The allegation in the impugned first information report discloses that the son of the informant was assaulted by the petitioner along with other persons with lathi/danda. The post mortem report of the deceased reveals as many as eight external injuries. The internal examination of head suggest clotted blood beneath scalp in the left temporal parital region and back of head.
The immediate cause of death is septicemia due to ante mortem injuries Considering that the allegation in the impugned first information report discloses assault on the son of the informant by the petitioner along with other accused it cannot be said that no prima facie case is made out against the petitioner. Hence, the prayer to quash the F.I.R. cannot be accepted.
The petition is dismissed.
Order Date :- 30.4.2019 Md Faisal