Court No. - 20 Case :- MISC. BENCH No. - 6400 of 2010 Petitioner :- Rajendra Kumar & Anr. Respondent :- State Of U.P., Thru. Secretary, Home & Others Petitioner Counsel :- Navita Sharma,Rakesh Kumar Respondent Counsel :- G.A. Hon'ble Raj Mani Chauhan,J.
Hon’ble Virendra Kumar Dixit,J.
Heard learned counsel for the petitioner and the learned Additional
Government Advocate.
The submission of the learned counsel for the petitioners is that although the
complainant has levelled allegation against the accused that he had opened
fire on him but he did not sustained any fire arm injury. But from a perusal of
medical examination report of the injured it appears that he has sustained
knife injuries which are simple in nature. The complainant has sustained as
per medical examination report only two injuries while the accused were four
in number. Therefore, the prosecution story appears to be false. The accused
has been falsely implicated by the complainant on account of political enmity.
Therefore, the accused deserves to be interim protection.
Learned A.G.A. has opposed the petition.
We have gone through the contents of the FIR which disclose commission of
cognizable offence and as such it cannot be quashed. Therefore, the writ
petition is liable to be dismissed.
The writ petition is, therefore, dismissed.
However, it is observed that if the petitioner appears before the court below
and moves an application for bail, the same shall be disposed of by court
below expeditiously.
Order Date :- 9.7.2010
Amit