Court No. - 20 Case :- MISC. BENCH No. - 6970 of 2010 Petitioner :- Dharamraj, & Anr. Respondent :- State Of U.P.,Thru. Prin. Secy.,Home & Others Petitioner Counsel :- Manoj Kumar Singh Respondent Counsel :- G.A. Hon'ble Raj Mani Chauhan,J.
Hon’ble Virendra Kumar Dixit,J.
Heard learned counsel for the petitioners and learned A.G.A. for the State as
well as perused the record.
This writ petition under Article 226 of the Constitution of India has been filed
by the petitioners for quashing the impugned First Information Report dated
09.7.2010 lodged by the Opposite Party No. 3 at Crime Nos. 523 of 2010,
under Sections 308/504/506 IPC registered at Police Station Fakharpur,
District Bahraich and also for direction to the opposite parties not to arrest
them in pursuance of the said impugned First Information Report.
The submission of learned counsel for the petitioners is that in this case the
only injured person Malik Ram is said to have sustained as many as nine
injures as per his medical examination report. He was referred for x-ray
examination for the injury no. 1 which he sustained on his head but no x-ray
examination was done. The injured was admitted in hospital on 09.7.2010 and
on the next day he was discharged from the hospital. The injuries sustained by
the injured are simple in nature. Therefore, it was hardly a case under
Section 323 IPC and the petitioners deserve interim protection.
Learned A.G.A. opposed the petition and argued that the first injury sustained
by the injured was on his scalp, the patient was vomiting and bleeding from
the mouth at the time of his medical examination. Prima facie, it was case
under Section 308 IPC. Keeping in view the nature of offence, the petitioners
do not deserve any protection.
Considered the submissions of learned counsel for the petitioners and learned
A.G.A. for the State.
We have gone through the contents of the First Information Report which
disclose the commission of cognizable offence and as such it cannot be
quashed.
The Writ Petition is, therefore, dismissed.
However, keeping in view the facts and circumstances of the case, it is
provided that in case the petitioners appear before the court below and move
any application for bail, the same will be disposed of by the court below
expeditiously.
Order Date :- 27.7.2010
Santosh/-