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DR. ROHTASH KUMAR SINGH & OTHERS versus STATE OF U.P. & OTHERS

High Court of Judicature at Allahabad

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Dr. Rohtash Kumar Singh & Others v. State Of U.P. & Others - CRIMINAL MISC. WRIT PETITION No. 11940 of 2006 [2006] RD-AH 17437 (10 October 2006)

 

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HIGH COURT OF JUDICATURE OF ALLAHABAD

Crl. Misc. Writ Petition No. 11940 of 2006

Hon'ble Sushil Harkauli J.

Hon'ble Pankaj Mithal, J.

At present we do not find any good reason to disbelieve the averments in the First Information Report lodged by the opposite party No. 3, which prima facie  is supported by the six injuries certified by the doctor. The counter version given by the petitioners in their F.I.R., is not a good ground for quashing the F.I.R., lodged by the respondent No. 3, even if a charge sheet has been submitted in respect of the F.I.R., lodgd by the petitioners.

It is not uncommon for charge sheet to be submitted in both the cross cases.

In the circumstances, we are unable to find any good ground for quashing the F.I.R., and, therefore, for staying the arrest of the petitioners. However, if the petitioners surrender and apply for bail in case crime No. 50A of 2006 under section 323/504/506/427 IPC read with section 3(2)10 of the S.C./S.T. Act, P.S. Behsooma district Meerut, their bail application may be disposed of by both the Courts below as expeditiously as possible having regard to the nature of injuries.

The writ petition is disposed of as above.

Dated : October 10, 2006

AM/-


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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