Court No. - 33
Case :- CRIMINAL MISC. WRIT PETITION No. - 5067 of
2019
Petitioner :- Nitin Kumar @ Avinash And Another
Respondent :- State Of U.P. And 2 Others
Counsel for Petitioner :- Ram Sanehi Yadav
Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J.
Hon'ble Vivek Varma,J.
Heard learned counsel for the petitioners; learned A.G.A. for
the State-respondent nos.1 and 2; and perused the record.
The instant petition has been filed for quashing the FIR dated
29.12.2018 registered as Case Crime No.885 of 2018, under
Sections 452, 324, 323, 504 and 506 I.P.C., Police Station
Sikandra Rao, District Hathras.
The allegations made in the impugned FIR discloses
commission of cognizable offence and it appears that the
informant, his son and wife have suffered injury.
Learned counsel for the petitioners submits that there is cross
version of the incident, which has been registered as Case
Crime No.884 of 2018, under Sections 452, 323, 504 and 506
I.P.C.
Merely on the ground that there is a cross version, the
impugned FIR cannot be quashed, because, in a cross case as to
who is the aggressor, is to be determined on the basis of
material collected during the course of investigation and
evidence led in trial.
The petitioners are at liberty to apply for bail.
Subject to above, the petition is dismissed.
Order Date :- 25.2.2019
Ajeet
Neutral Citation No. - 2019:AHC:36145-DB