Dismissed

Mangal Singh and Another v. State of U.P. and 3 Others

Allahabad HC22 Jun 2020CRLP/5989/2020

Case brief

AI extract

What is this about?

In this criminal miscellaneous writ petition challenging an FIR, the High Court dismissed the petition. The Court rejected the petitioner's claim of false application as malafide, noting the existence of a rescue call incident and lack of injury report details supporting false application, finding no ground for judicial intervention.

What did the court decide?

The petition under Article 226 of the Constitution of India seeking setting aside of the FIR was dismissed.

Mangal Singh and Another Vs State of U.P. and 3… — Criminal Trial and Appeal | Allahabad HC (2020)

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Court No. - 50

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Case :- CRIMINAL MISC. WRIT PETITION No. - 5989 of 2020

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Petitioner :- Mangal Singh And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Dinesh Kumar Singh Counsel for Respondent :- G.A.

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Hon'ble Bachchoo Lal,J. Hon'ble Ram Krishna Gautam,J.

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This petition under Article 226 of the Constitution of India has been filed by Mangal Singh and Nirmal Singh with a prayer for setting aside the impugned first information report dated 12.5.2020 registered as case crime no. 0029 of 2020 under sections 354, 323, 504, 506 I.P.C. police station Sirsa Kalar District Jalaun.

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Learned counsel for the petitioners argued that there is false application whereas a first information report was got lodged by the petitioner Mangal Singh son of Gutai Pal as case crime no. 30 of 2020 under section 147, 323 and 506 I.P.C. police station Sirsa Kalar District Jalaun against Mulayam, Mukesh, Sarvesh, Rajesh and Kundan for the occurrence of 8.5.2020 at about 7.30 p.m. wherein he was badly beaten by those accused persons. As a counterblast this accusation was got lodged, hence this petition has been filed with above prayer.

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Learned A.G.A. vehemently opposed.

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Having heard learned counsel for both sides and gone through material placed on record, it is apparent that occurrence of 8.5.2020 at 19.30 p.m. is admitted one for which first information report of case crime no. 29 of 2020 was got registered at police station Sirsa Kalar on 12.5.2020 at 8.35 p.m. upon report of Ruli Kumari wife of Mulayam against Mangal Singh and Nirmal Singh, present petitioners, that while being on her way to her home she was subjected to cruelty and outraged her modesty by Mangal Singh. Upon her rescue call husband and devar ran on the spot. When Mangal Singh slapped her and tried to run from the spot, he could not run because of a hit on the spot by a khunta and then after Nirmal Singh extended threat for dire consequences to beat the lady. Subsequently, the case was got registered by Mangal Singh for the same occurrence but the report at medical centre reveals that it was not said at the time of admission that it was an occurrence wherein injured was injured by assault made by

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those alleged accused persons, rather it was said that he was assaulted making criminal trespass in side the house by brother of injured himself. No accusation of any offence was made at the time of admission at above medical centre. Hence under all above facts and circumstances, there is no ground for any indulgence by this Court.

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Accordingly this petition is dismissed.

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Order Date :- 22.6.2020 Gss

Mangal Singh and Another v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Mangal Singh and Another v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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