Court No. - 20 Case :- MISC. BENCH No. - 7177 of 2010 Petitioner :- Karunesh Kumar & Anr. Respondent :- State Of U.P., Thru. Prin. Secy.,Home & Others Petitioner Counsel :- Santosh Kumar Tripathi,Archana Srivastava Respondent Counsel :- G.A. Hon'ble Raj Mani Chauhan,J.
Hon’ble Virendra Kumar Dixit,J.
Heard learned counsel for the petitioners and learned Additional Government
Advocate.
This petition under Article 226 of the Constitution of India has been filed by
the petitioners for quashing the impugned F.I.R. dated 18.07.2010 registered
as Case Crime No. 648-A of 2010 under Sections 323 and 504 IPC & 3(1)X
SC/ST Act Police Station Deeh, district Raebareli, and also for direction to
the opposite parties not to arrest the petitioners in pursuance to the said
impugned F.I.R.
The submission of the learned counsel for the petitioners is that as many as
five persons sustained injuries from the side of the petitioners while there is
no injured persons from the side of the complainant. They have been falsely
implicated by the complainant, therefore, they deserve for interim protection
during the investigation.
We have gone through the contents of FIR, which disclose commission of
cognizable offence, as such, the same cannot be quashed.
The petition is, therefore, dismissed.
Keeping, in view the facts and circumstances of the case, it is provided that in
case the petitioners appear before the court concerned and move any bail
application, the same will be disposed of by the courts below expeditiously
preferably on the same day.
Order Date :- 30.7.2010
Amit