ANIS AND ANOTHER Vs. STATE OF UTTARAKHAND THROUGH S.S.P., UDHAM SINGH NAGAR AND OTHERS
HIGH COURT OF UTTARAKHAND
Anis And Another
State Of Uttarakhand Through S.S.P., Udham Singh Nagar And Others
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U.C. Dhyani, J. -
(1.) HEARD . By means of the present writ petition, moved under Article 226 of the Constitution of India, the petitioners Anis and Shamshad have sought quashing of the First Information Report dated 01.05.2012 registered as case crime no. 61 of 2012 relating to offences punishable under Sections 147, 148, 452, 324, 504 & 506 IPC at Police Station, Sitarganj, District Udham Singh Nagar.
(2.) LEARNED counsel for the petitioners submitted that brief facts giving rise to the present case are that on 30.04.2012 at 7:00 p.m. the respondent no.3 and his associates namely Naeem s/o Mustaq, Mohad. Ahmad s/o Subhani, Yunus s/o Abdul Kadar and 3 - 4 other persons entered in the house of the petitioner no.1 and caused serious injuries to his brother Mohd. Shakeel and others. Father of petitioner no.1 rushed to Police Station on 30.04.2012 and lodged First Information Report which was registered as Case Crime No. 60 of 2012 on 01.05.2012 at 5:30 p.m. Mohd. Shakeel immediately hospitalized in Government Hospital Sitarganj on 30.04.2012, Mohd. Shakeel received lacerated wound on the middle of the frontal area of scalp measuring 3.5 cm x 1.0 cm x bone deep and was kept under observation and advised for CT scan of head. He recommended to Sushila Tiwari Government Hospital wherefrom he again referred to Sai Hospital for better treatment. Since then he is under treatment till date.
(3.) IT is further submitted that it is a case of attempt to murder but the respondent no.2 registered this case only under Section 147, 148, 452, 323, 504 and 506 IPC for ulterior motive. It is also very relevant to mention here that these accused Abdul Kadir and others appeared before the court on 12.05.2012 and on the same day they have been released on bail without any delay.;
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