Vinod vs State Of U.P. And 2 Others
2018 Latest Caselaw 571 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 1
 
Case :- CRIMINAL MISC. WRIT PETITION No. - 12487 of 2018
 
Petitioner :- Vinod
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Petitioner :- Sushil Kumar Shukla
 
Counsel for Respondent :- G.A.,Sushil Kumar Pandey
 
Hon'ble Ramesh Sinha,J.

Hon'ble Dinesh Kumar Singh-I,J.

Heard Sri S.K.Shukla, learned counsel for the petitioner, Sri S.K.Pandey, learned counsel for the caveator-respondent no.3, Sri N.K.Verma, 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 15.4.2018, registered as case crime No.187 of 2018, under Sections 452, 323, 324, 504, 506 I.P.C., Police Station Shahpur, District Muzaffar Nagar.

Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in the present case with ulterior motive. He further submits that there was some dispute between the parties with respect to partition of the land in question, on account which the present FIR has been lodged against the petitioner. He next argued that the petitioner is a patient of Cancer and his treatment is going on in Valentis Cancer Hospital, Meerut, the said fact has been mentioned in paragraph no.9 of the writ petition. The allegation levelled against the petitioner is absolutely false, frivolous and baseless. No offence is made out against the petitioner, hence, FIR is liable to be quashed.

Learned counsel for the caveator-respondent no.3 as well as learned A.G.A. opposed the prayer for quashing of the FIR and submitted that in the incident two persons have sustained injuries on their person and one of the injured has also sustained serious 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.

The case of the petitioner is distinguishable from the case of other co-accused persons.

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

Order Date :- 16.5.2018/NS