Court No. - 20 Case :- MISC. BENCH No. - 6559 of 2010 Petitioner :- Gurmeet Singh & Anr. Respondent :- State Of U.P.,Thru. Prin. Secy.,Home & Others Petitioner Counsel :- Shishir Chandra 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 petition under Article 226 of the Constitution of India has been filed by
the petitioners for quashing the impugned First Information Report dated
02.7.2010 lodged by the Opposite Party No. 4 in case Crime No. 980 of 2010,
under Sections 147/148/323/506/342/394/326 IPC, registered at Police Station
Sampurna Nagar, Pallia, District Kheri 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 Smt. Gurdeep
Kaur, W/o Harpal Singh had already lodged a First Information Report
against Vichitra Singh, Sandeep Singh, Ramandeep Singh and Sukhpal Singh
who are associates of the complainant (Sukhjeet Singh) of this case. The
complainant, therefore, just by way of revenge has lodged the impugned First
Information Report which is highly delayed. The injury report of Sukhjeet
Singh appears to be fabricated. In fact, no such injury was sustained by the
complainant (Sukhjeet Singh). Therefore, the petitioners deserve interim
protection.
Learned A.G.A. opposed the petition.
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 if the petitioners appear before the court below and moves any
application for bail, the same shall be heard and decided by the courts below
expeditiously.
Order Date :- 15.7.2010
Santosh/-