Umesh Singh @ Lohari Singh And ... vs State Of U.P. And Others
2011 Latest Caselaw 2331 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 39
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 11179 of 2011
 

 
Petitioner :- Umesh Singh @ Lohari Singh And Others
 
Respondent :- State Of U.P. And Others
 
Petitioner Counsel :- Amrish Srivastava
 
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 petitioners have prayed for quashing the first information report dated 6.6.2011 in Case Crime No. 162 of 2011 under Sections 323/504/506 IPC and 3 (i) )x) S.C. Act, Police Station Badhalganj, District Gorakhpur.

It is alleged in the first information report that the petitioners had used derogatory word regarding the caste of the respondent no. 4.

Learned counsel for the petitioners submit that the petitioners had filed a complaint against the respondent no. 4 on account of which his license of fair price shop was suspended and  this led to the filing  of the  false First Information Report  against them.

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. 162 of 2011 under Sections 332/504/506 IPC and 3 (i) (x) S.C./S.T. Act at Police Station Badhalganj, District Gorakhpur, shall remained stayed.

Order Date :- 21.6.2011

Gss