PRATEEK GARG Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Rajrshi Gupta, learned counsel for the petitioner who has advanced his submissions contending that this is a clear case where there is absolutely not even an iota of evidence and it is a case of false implication of the petitioner in the incident arising out of the impugned first information report dated 18. 1 2017 in Case Crime No. 1093 of 2017, police station Farrukhabad Kotwali, district Farrukahabad, under Section 147, 302 I. P. C.

(2.) Learned counsel while advancing his submissions contends that in relation to the same incident which is alleged to have taken place at about 00 p. m. according to the other first information report of the same date that was lodged at about 30 p. m. a motor-cycle theft was reported by one Vikas Kumar son of Jwala Prasad alleging that the motor-cycle was sought to be lifted by one Vishal Pathak son of Ramu Pathak resident of Rampura, Rajepur, Fatehgarh, Uttar Pradesh. This is how the description of the alleged accused has been recited in the first FIR that was registered as Case Crime No. 1092 of 2017 dated 18. 11. 2017 and a copy of the said first information report is annexure-3 to the writ petition. The narration in the said first information report is that Vikas Kumar had gone for shopping in V-Mart where he parked his motor-cycle and when he went inside and came after shopping he saw somebody lifting his motor-cycle who was chased and was later-on nabbed and handed-over to the police. Thereafter it appears that Vishal Pathak the named accused in the said first information report died.

(3.) His father Chandra Mohan Pathak resident of village Bamiyari police station Rajepur district Farrukahabad is stated to have lodged the impugned first information report stating therein that his son had gone for some shopping at V-Mart and the petitioner along with four unknown persons assaulted his son Vishal Pathak with sticks as a result whereof he received grievous injuries whereafter the police was called by dialing no. 100 on the telephone. The victim was thereafter taken to Ram Manohar Lohiya Hospital for treatment where he was declared dead. The timing of this incident in the first information report is 2. 30 p. m. which is immediately after the lodging of the first FIR referred to hereinabove.