Court No. - 28 C.M. Application No.49489 of 2010 In Re:- Case :- MISC. BENCH No. - 3909 of 2010 Petitioner :- Ajay Singh, S/O-A.N. Singh Respondent :- State Of U.P.,Thru. Secretary, Home & Others Petitioner Counsel :- Prashant Singh "Atal" Respondent Counsel :- G.A. Hon'ble Alok K. Singh,J.
Hon’ble Vedpal,J.
Heard learned counsel for the petitioner, learned A.G.A. and perused the
record.
This petition has been filed by the petitioner for quashing of the F.I.R. dated
22.04.2010 relating to Case Crime No.176 of 2010, under Sections 147, 148,
323, 504 & 308 I.P.C. and Section 3 (1) (X) S.C//S.T. Act.
In this case, vide order dated 29.4.2010, notice was directed to be issued to
the respondent no.5, who happens to be the first informant but it appears that
office has not cared to send notice though step was taken by speed post.
Office shall issue notice to the respondent no.5, forthwith. It shall also
submit its explanation for not issuing notice earlier.
It is submitted that that specific averment has been made in para 8-A that
Mr. Anjul Singh, who also happens to be the student of the Law college, met
with some accident and he did not receive any injury in the alleged incident.
There is no injury report of Mr. Anjul Singh and he simply went to Trauma
Centr, K.G.M.U and after putting his signature in the outdoor register, he left
the place, it is further submitted. The F.I.R. has been lodged in order to wreck
vengeance and to teach lesson to petitioner, who was complainant against
him in one matter.
It is said that the petitioner is a regular student of sixth Semester of Law of
Five Years Course and due to the impugned F.I.R., he is not able to attend the
college. It is further said that despite of this Court’s order dated 29.4.2010,
State has not filed any counter affidavit till date. Let the same be filed before
the next date.
It is unfortunate that such cross accusations have been made by students
against each other. Be that as it may.
In view of above, as an interim measure, it is provided that till the next date of
listing or filing of the charge sheet, if any, whichever is earlier, the
petitioner(Ajay Singh) shall not be arrested in Case Crime No.176 of 2010,
under Sections 147, 148, 323, 504 & 308 I.P.C. and Section 3(1) (12) of SC &
ST Act, unless cogent and credible evidence is collected against him, subject
to his cooperation in the investigation, which shall go on.
Order Date :- 10.5.2010
Tripathi