BASANTI DEVI Vs. STATE OF U P
LAWS(ALL)-2006-12-64
HIGH COURT OF ALLAHABAD
Decided on December 01,2006

BASANTI DEVI Appellant
VERSUS
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

- (1.) BARKAT Ali Zaidi, J. In an incident of Marpeet which occurred on 30-6-2006 within the area of Police Station Dhoomanganj, District Allahabad, one person was killed during the course of incident and a First Information Report under Section 302 I. P. C. was registered by the police in consequence of death of that person.
(2.) THE other party who is the petitioner here under Article 226 of the Constitution of India wanted to lodge another report in connection with the incident, containing their version of the occurrence. The police declined to register the F. I. R. and an application to Senior Superintendent of Police did not yield any result. The petitioner, thereafter, filed an application under Section 156 (3) Cr. P. C. seeking directions to police for registration of a First Information Report but the Magistrate did not oblige. A revision (No. 619 of 2006 decided on 23-6-2006) also failed to fructify and that is how the petitioner has to come to this Court.
(3.) I have heard Sri S. K. Verma Counsel for the petitioner and Sri R. S. Maurya Additional Government for the State. The Sessions Judge mentioned in his order that no injury report was produced before the Magistrate and there is no justification for registration of a second First Information Report.;


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