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Lal Singh vs State of Uttarakhand and Smt. Ashari Devi

Uttarakhand High Court · Decided on 9 September 2011 · Citation: (2011) 09 UK CK 0007

HON’BLE JUDGES
Prafulla C. Pant, J
ACTS & SECTIONS REFERRED
Constitution of India, 1950 — Article 226 · Penal Code, 1860 (IPC) — Section 308, 323, 354, 504, 506
CASE NUMBER
Criminal Writ Petition No. 774 of 2011 and Stay Application No. 9327 of 2011
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Judgment

4 paragraphs · 241 words

Prafulla C. Pant, J.—Heard.

2.

By means of this writ petition moved under Article 226 of Constitution of India, the Petitioner has sought quashing of the First Information Report dated 13.07.2011, registered as Crime No. 01 of 2011, relating to offences punishable u/s 354, 323, 504 and 506 I.P.C., Revenue Police Circle Lawani (Nagun), District Tehri Garhwal.

3.

Perusal of the First Information Report with the injury report does indicate that there had been some "MAARPEET" with the complainant. However, this Court does not agree with the observation made by the Chief Judicial Magistrate on 03.08.2011 on the surrender application that the offence punishable u/s 308 of I.P.C is made out in the present case. Mere swellings mentioned in the injury report does not attract Section 308 of I.P.C.

4.

In the above circumstances, havingconsidered submissions of learned Counsel for the Petitioner, and learned Counsel for the state, 3 declining to interfere with the investigation of the case, this writ petition is summarily disposed of with the direction to the Chief Judicial Magistrate, Tehri Garhwal, that the surrender of the Petitioner shall be taken in respect of offences punishable u/s 354, 323, 504 and 506 I.P.C., regarding which the First Information Report has been registered, and his bail application shall be heard and disposed of without unreasonable delay. The observations made by the Magistrate in the order dated 03.08.2011, shall be ignored. (Stay Application No. 9327 of 2011, stands disposed of).