Court No. - 20 Case :- MISC. BENCH No. - 6933 of 2010 Petitioner :- Guddu Respondent :- State Of U.P., Thru. Prin. Secy.,Home & Others Petitioner Counsel :- Prem Kumar Sahu Respondent Counsel :- G.A. 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.
This petition under Article 226 of the Constitution of India has been filed by
the petitioners for quashing the impugned F.I.R. dated 26.06.2010 registered
as Case Crime No.175 of 2010, under sections 323, 324, 307, 504, 506 I.P.C.,
Police Station Thakurganj, District Lucknow and also for direction to the
opposite parties not to arrest the petitioner in pursuance to the said impugned
F.I.R.
The submission of the learned counsel for the petitioner is that there is a
property dispute between the co-accused Mumtaz and the complainant. The
petitioner is a friend of Mumtaz, therefore he has been implicated falsely by
the complainant. Further submission of the learned counsel for the petitioner
is that the First Information Report has been lodged by the complainant in
pursuant of the order passed by the learned Magistrate on an application under
Section 156 (3) Cr.P.C. moved by the complainant which is highly belated.
The complaint has not explained the cause of delay in lodging of the F.I.R.
Further submission of the learned counsel for the petitioner is that the main
allegation of firing has been levelled by the complainant against co-accused
Raj Kumar and the allegation of assaulting by knife has been levelled against
co-accused Mumtaz and only lathi has been assigned to the present petitioner.
The accused-petitioner deserves for interim protection during the
investigation.
We have gone through the contents of the F.I.R. which disclose the
commission of cognizable offence and as such it cannot be quashed.
The petition is, therefore, dismissed.
However, keeping in view the facts and circumstances of the case as well as
the nature of accusation and the role assigned to the petitioner it is provided
that in case the petitioner appears before the court concerned and moves any
bail application, the same will be disposed of by the courts below
expeditiously.
Order Date :- 26.7.2010
PAL