Shiv Ratan Rai vs State Of U.P. And Others
2011 Latest Caselaw 2330 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 39
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 11177 of 2011
 

 
Petitioner :- Shiv Ratan Rai
 
Respondent :- State Of U.P. And Others
 
Petitioner Counsel :- Sanjay Mishra
 
Respondent Counsel :- Govt.Advocate
 

 
Hon'ble Dilip Gupta,J.

Hon'ble Pankaj Mithal,J.

Learned A.G.A. appears for the State respondents. Issue notice to respondent no.4-the complainant. Steps within a week. The respondents are allowed three weeks' time to file counter affidavit. List immediately thereafter.

By this writ petition the petitioner has prayed for quashing the first information report dated 29.5.2011 in Case Crime No. 97 of 2011 under Sections 332, 353, 504 IPC Police Station Bhadohi, District Sant Ravidas Nagar.

It is alleged in the first information report that the petitioner had caused unnecessary interference in the work performed on Tehsil Divas.

Learned counsel for the petitioner submits that  construction was being raised by the private respondent in the agricultural land of the petitioner for which he had made a complaint on Tehsil Divas and for this reason private respondent had lodged First Information Report. It is also submitted that in fact, the petitioner was also beaten by respondent no. 4  for which  an application was also submitted before the authorities on 29.5.2011 for this purpose.

Prima facie we find that the matter requires consideration by the Court.

Until further orders or until submission of the charge sheet, petitioner's arrest in Case Crime No. 97 of 2011 under Sections 332, 353, 504 IPC at Police Station Bhadohi, District Sant Ravidas Nagar, shall remained stayed.

Order Date :- 21.6.2011

Gss