Court No. - 20 Case :- MISC. BENCH No. - 6223 of 2010 Petitioner :- Laxmi Narain Yadav Respondent :- State Of U.P., Thru. Prin. Secy.,Home & Others Petitioner Counsel :- Rakesh Pathak Respondent Counsel :- G.A.,Udai Bhan Pandey Hon'ble Raj Mani Chauhan,J.
Hon’ble Virendra Kumar DIXIT,J.
Heard learned counsel for the petitioner, learned A.G.A. and perused the
F.I.R.
The submission of the learned counsel for the petitioner is that the F.I.R. is
highly belated. The deceased sustained fire arm injuries by way of accident
while he was participating in Dwarchar Puja and several persons were
opening fires in which one fire hit the deceased. The deceased was taken to
the Sahara hospital, Lucknow by his brother who was accompanied by
Yogesh Kumar Mishra. The Yogesh Kumar Mishra has stated in his statement
at the time of admission of deceased, Gufran in Sahara Hospital that some
unknown persons were opening the fire from their guns which accidentally hit
the deceased in this way it was not the case under section 302 I.P.C.
Learned A.G.A. has opposed it.
Considered the submissions of the learned counsel for the petitioner and
learned A.G.A. we have gone through the contents of the F.I.R. which
disclose the cognizable offence, therefore we do not find any ground to quash
the F.I.R.
The writ petition, is therefore devoid of merits. It is accordingly dismissed.
Order Date :- 5.7.2010
PAL