Allahabad High Court
Aditya Nath Tripathi And Another vs State Of U.P. And 2 Others on 7 December, 2020
Bench: Bachchoo Lal, Subhash Chandra Sharma
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 52 Case :- CRIMINAL MISC. WRIT PETITION No. - 13323 of 2020 Petitioner :- Aditya Nath Tripathi And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Amresh Tripathi Counsel for Respondent :- G.A. Hon'ble Bachchoo Lal,J.
Hon'ble Subhash Chandra Sharma,J.
Supplementary affidavit filed on behalf of the petitioners is taken on record.
Heard learned counsel for the petitioners and learned A.G.A. for the respondent nos. 1 & 2 and perused the record.
This petition has been filed by the petitioners seeking quashing of the F.I.R. dated 11.08.2020 registered as Case Crime No.0526 of 2020, under Sections 452, 336, 308, 323, 504 and 506 IPC, Police Station- Kotwali, District- Deoria, with a further prayer not to arrest the petitioners in pursuance of the said F.I.R.
Learned counsel for the petitioners submits that the petitioner no.1, Aditya Nath Tripathi has lodged an F.I.R. on 09.08.2020 with regard to the incident took place on 08.08.2020 at 18.00 hours against the informant and four others. Thereafter the informant-respondent no.3 had lodged the impugned F.I.R. on 11.08.2020 with regard to the incident dated 08.08.2020. From the side of the petitioners three persons have sustained injuries and the three persons have also sustained injuries from the side of the respondent no.3. There is cross version of the alleged incident. The petitioners have not committed alleged offence. No offence is made out against the petitioners, therefore, the impugned F.I.R. is liable to be quashed.
Per-contra learned A.G.A. argued that the F.I.Rs. have been lodged from both the sides. Both sides have sustained injuries. There is cross version of the alleged incident. At this stage it cannot be decided that who was aggressor. From the allegations made in the F.I.R., prima facie cognizable offence is made out. Therefore, the impugned F.I.R. is not liable to be quashed.
Persons from both the sides have sustained injuries. F.I.Rs. from both the sides have been lodged. A perusal of the first information report shows that cognizable offence is made out.
Considering the facts and circumstances of the case, we do not find any ground to interfere in the impugned F.I.R.. Therefore, prayer for quashing the F.I.R. is hereby refused.
The writ petition stands dismissed.
Order Date :- 7.12.2020 Asha