Partly allowed

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

Allahabad HC24 May 2019CRLP/20024/2018

Case brief

AI extract

What is this about?

The court dismissed the writ petition seeking to quash an FIR involving assault and acid throwing allegations. It held that the injury report supports the FIR and mediation failed, deeming it unfit for quashing. Investigation was directed to proceed with conditional non-arrest for one petitioner.

What did the court decide?

Continued investigation directed; petitioner no. 2 to remain at liberty until police report under Section 173(2) CrPC; petition dismissed regarding petitioner no. 1.

Rizwan and Another Vs State of U.P… — Constitutional and Fundamental Rights | Allahabad HC (2019)

¶1

Court No. - 33

¶2

Case :- CRIMINAL MISC. WRIT PETITION No. - 20024 of 2018

¶3

Petitioner :- Rizwan And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Jamaluddin Mohd. Nasir,Salman Ahmad,Saqib Meezan Counsel for Respondent :- G.A.,Vivek Singh

¶4

Hon'ble Manoj Misra,J. Hon'ble Suresh Kumar Gupta,J.

¶5

Heard learned counsel for the petitioners; learned A.G.A. for the State-respondent nos. 1 & 2 and perused the record.

¶6

The instant petition seeks quashing of the First Information Report dated 09.07.2018 registered as Case Crime No. 830 of 2018, under Sections 323, 326-A, 504, 506 I.P.C., Police Station Kankerkhera, District Meerut.

¶7

The allegation in the impugned F.I.R., which has been lodged by the wife of the petitioner no. 1 makes allegations of assault as also throwing of acid.

¶8

At the time, when the matter was taken as a fresh case, an argument was raised that the injury report does not conclusively indicate that the injury sustained was on account of acid burn, therefore the matter was referred to the Mediation Centre by order dated 26.07.2018.

¶9

The Mediation Centre has submitted a report dated 12.03.2019 that mediation was completed but no agreement could be arrived at.

¶10

It appears that the respondent no. 3 has again lodged some report against the petitioner no. 1. Under the circumstances, there is no possibility of settlement between the parties.

¶11

In view of the above, we have proceeded to examine the matter on merits.

¶12

We have carefully perused the injury report, dated 08.07.2018, which is there on record at Page No. 24 of the Paper Book. A better copy of the injury report was also supplied.

¶13

A perusal of the injury report would reveal that there were injuries including redness of skin on the back in an area of

¶14

22 cm X 7 cm. It appears that the injuries were found fresh as the victim got herself examined on the next day of the incident and the F.I.R. was lodged on the following day i.e. 09.07.2018.

¶15

We do not find it to be a fit case where the F.I.R. could be quashed. Under the circumstances, the prayer of the petitioners to quash the F.I.R. cannot be accepted.

¶16

At this stage, learned counsel for the petitioners has submitted that the allegation of throwing acid on the victim is against the petitioner no. 1 (Rizwan) only whereas there are general allegation against petitioner no. 2, who happens to be the brother of the petitioner no. 1. He has submitted that the case of the petitioner no. 2 is distinguishable from that of the petitioner no. 1.

¶17

Be that as it may, considering the facts and circumstances of the case, we deem it appropriate to dispose off this petition by providing that investigation shall continue and brought to its logical conclusion, but, in so far as the petitioner no. 2 (Noor Hasan) is concerned he shall not be arrested till submission of police report under Section 173 (2) Cr.P.C. subject to his co-operation in the investigation. In so far as the petitioner no. 1 is concerned, the petition is dismissed.

¶18

Order Date :- 24.5.2019 Vibha Singh

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

Case brief

What is this about?

What did the court decide?

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

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Sachin Vs State of U.P. and 2 Others

Dhananjay Mittal Vs State of U.P. and 2 Others

Imran and 10 Others Vs State of U.P. and 2 Others

Smt. Meena Vs State of U.P. and 6 Others

Virendra Nishad @ Virendra Sahani Vs State of U.P. and 3 Others

Gulzar and 5 Others Vs State of U.P. and 2 Others