Dismissed

Devendra and Another v. State of U.P. and 2 Others

Allahabad HC23 Jul 2018CRLP/16785/2018

Case brief

AI extract

What is this about?

This criminal miscellaneous writ petition sought quashing of an FIR implicating petitioners in hurt. The court examined the medical report indicating a grievous injury caused by human teeth bite. Finding the allegation of false implication untenable, the petition was dismissed and the deponent of a false affidavit was penalized.

What did the court decide?

The First Information Report is not quashed; the petitioner's affidavit is deemed false; a fine of Rs. 5000/- is imposed.

Devendra and Another Vs State of U.P. and 2 Others — Writ and Judicial Review | Allahabad HC (2018)

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Court No. - 1

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Case :- CRIMINAL MISC. WRIT PETITION No. - 16785 of 2018

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Petitioner :- Devendra And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Viveka Nand Rai Counsel for Respondent :- G.A.

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Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.

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Affidavit of compliance filed by learned AGA, is kept on record.

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Heard Sri Viveka Nand Rai, learned counsel for the petitioners and Sri Deepak Mishra, learned AGA for the State.

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By means of this petition, the petitioners have prayed for quashing of the impugned First Information Report dated 20.5.2018 lodged by the respondent no. 3 which was registered as Case Crime No. 362 of 2018, under section 325 IPC, Police Station Fatehpur Sikri, District Agra.

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Learned counsel for the petitioners submitted that both the petitioners are real brothers and no specific role has been assigned against them. Petitioners have been falsely implicated in the present case due to village partybandi.

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Learned AGA has produced the compliance affidavit annexing the medical examination report of injured in compliance of the Court's order dated 16.7.2018 and 18.7.2018 respectively.

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From perusal of the medical examination report, it is evident that the victim has sustained injuries on right ear pinna. Injury is caused by human teeth

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bite and is grievous in nature.

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In view of the same, the petition stands dismissed and the averment made in the present petition in para no. 5 is a false averment on an affidavit filed by the petitioners, hence a cost of Rs. 5000/- is imposed upon the deponent of the case namely Vijendra Singh, son of Ram Swaroop, Resident of Sirauli, Agra Dabar, Uttar Pradesh for swearing false affidavit which shall be paid to the injured failing which the same shall be recovered as arrears of revenue.

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The Registrar General of this Court shall send the copy of this order to District Judge, Agra for its compliance.

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(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 23.7.2018 Puspendra

Devendra and Another v. State of U.P. and 2 Others

Case brief

What is this about?

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Devendra and Another v. State of U.P. and 2 Others

Case brief

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What did the court decide?

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