Court No. - 46 Case :- CRIMINAL MISC. WRIT PETITION No. - 13006 of 2010 Petitioner :- Harendra Rai Respondent :- State Of U.P. & Others Petitioner Counsel :- Sanjay Singh,S.P.S. Raghav Respondent Counsel :- Govt. Advocate Hon'ble Amar Saran,J.
Hon’ble S.C. Agarwal,J.
Heard learned counsel for the petitioner and learned A.G.A.
By means of the present writ petition, the petitioner has challenged the
impugned F.I.R. registered as case crime no.1695 of 2010 under sections 354,
452, 323, 504, 506 I.P.C. and 3 (1) 10 S.C./S.T. Act, Police Station
Doharighat, District Mau.
It is contended by the learned counsel for the petitioner that the report was
lodged after two days and that the petitioner, who is a retired army man aged
over 50 years, has been falsely implicated in this case because of Village
Pradhani Election dispute.
Learned A.G.A., however, argued that there is no reason for the false
implication of the petitioner and the incident is confirmed by the presence of
an abrasion on the chest of the victim. He further submitted that in such
matters, the victims are initially reluctant to lodge F.I.R.
Having considered the submissions made by the learned counsel for the
parties and the facts and circumstances of the case, no ground is made out to
interfere in this writ petition, as it cannot be said that on the allegations no
prima facie case is disclosed.
The writ petition is dismissed.
Learned counsel for the petitioner, however, submitted that this Court may
give direction to the court below for consideration of prayer for bail on the
same day.
No such direction can be given. The law is well settled by the Full Bench of
this Court in the case of Amrawati Vs. State of U.P., 2005 Cri.L.J. 755.
Order Date :- 22.7.2010
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