Rakesh vs State Of U.P. And 2 Others
2018 Latest Caselaw 522 ALL

Citation : 2018 Latest Caselaw 522 ALL
Judgement Date : 14 May, 2018

Allahabad High Court

Rakesh vs State Of U.P. And 2 Others on 14 May, 2018

Bench: Ramesh Sinha, Dinesh Kumar Singh-I




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 1
 
Case :- CRIMINAL MISC. WRIT PETITION No. - 12269 of 2018
 
Petitioner :- Rakesh
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Petitioner :- Paritosh Sukla
 
Counsel for Respondent :- G.A.
 
Hon'ble Ramesh Sinha,J.

Hon'ble Dinesh Kumar Singh-I,J.

Heard Sri Paritosh Shukla, learned counsel for the petitioner, Sri N.K.Tiwari, 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 17.4.2018, registered as case crime No.111 of 2018, under Sections 307, 147, 148, 149, 323, 336, 504, 506 I.P.C., Police Station Polymukeempur, District Aligarh.

Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in the present case with malafide intention. He further submits that though the case is registered under Section 307 I.P.C. etc. but it is a case of no injury. The said fact has been mentioned in paragraph no.12 of the writ petition. The allegation levelled against the petitioner are absolutely, false, frivolous and baseless. No offence is made out against the petitioner, hence, FIR is liable to be quashed by this Court.

Learned A.G.A. opposed the prayer for quashing of the FIR and also the argument advanced by learned counsel for the petitioner and submitted that as per the FIR, it is a case of injury.

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.

It is made clear that if there is any medical examination report of the injured, the interim order granted to the petitioner shall automatically stand discharged.

(Dinesh Kumar Singh-I,J.) (Ramesh Sinha, J.)

Order Date :- 14.5.2018/NS