Kunwar Gaurav Upadhyay vs State Of U.P. Thru. Secy.Deptt. Of ...
2017 Latest Caselaw 2458 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 9
 
Case :- MISC. BENCH No. - 15518 of 2017
 
Petitioner :- Kunwar Gaurav Upadhyay
 
Respondent :- State Of U.P. Thru. Secy.Deptt. Of Home Govt. Of U.P. & Ors.
 
Counsel for Petitioner :- Shamshad Ahmad Khan
 
Counsel for Respondent :- Govt. Advocate
 
Hon'ble Ramesh Sinha,J.

Hon'ble Mrs. Rekha Dikshit,J.

Heard Sri S.A. Khan, learned counsel for the petitioner, Mrs. Smriti Sahai, learned A.G.A. for the State and perused the impugned FIR as well as material brought on record.

This petition has been filed by the petitioner with a prayer to quash the FIR dated 6.6.2017 registered as Case Crime No.447 of 2017, under Sections 147, 148, 149, 307, 394, 506 I.P.C., Police Station Hazaratganj, District Lucknow.

Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in the present case. He further submits that the incident has taken place on 4.10.2016 and the allegation which has been levelled in the FIR that the injured was mercilessly beaten appears to be false on the face of it as the medical examination report of the injured shows that he was examined on 8.10.2016 at 12.30 p.m. and the injuries sustained by the injured were found to be simple in nature and no internal damage was caused. No offence is made out against the petitioner, hence, FIR be quashed.

Learned A.G.A. opposed the prayer for quashing of the FIR, but could not dispute the aforesaid fact as argued by learned counsel for the petitioners.

Considering the submissions advanced by learned counsel for the parties and nature of the allegations, it is directed that the petitioner shall not be arrested in above mentioned case, till the submission of the police report under Section 173(2) Cr.P.C. but he shall co-operate with the investigation of the case.

With the above direction, this petition is finally disposed of.

(Mrs. Rekha Dikshit,J.)     (Ramesh Sinha, J.)

Order Date :- 17.7.2017/NS