AAFTAB Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Sri Atul Kumar, learned Counsel for the petitioner, Sri N.D. Rai, learned Counsel for Union of India and Sri Patanjali Mishra, learned AGA appearing on behalf of the State-respondents.

(2.) Learned counsel for the petitioner has submitted that initially an FIR has been referred to in the proceedings. The said FIR is dated 22.8.2018 which was registered as Case Crime No.0292 of 2018. In the said FIR, neither the petitioner nor his family members were named. Subsequently, another FIR was lodged on 25.8.2018 in which 25 persons were named and hundred persons were shown as unknown. The said FIR was registered as Case Crime No.0293 of 2018. In the said FIR, the petitioner has been named, however general role has been assigned to him.

(3.) At the very outset, it has been mentioned that even though the petitioner has been named but no specific role has been assigned to him. Even though it has been mentioned that a mob of hundred people had gathered but nobody had received any single injury even an abrasion. There is no injury report whatsoever on record which may show that anybody had received injury. This fact has not been disputed by Shri Patanjali Mishra, learned AGA or Shri Jitendra Prasad Misrha, learned counsel appearing for the Union of India.