Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 23415 of 2018 Petitioner :- Adarsh Yadav @ Mulayam And 3 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sameer Jain Counsel for Respondent :- G.A.,Jeetendra Kumar Yadav
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Sameer Jain, learned counsel for the petitioners, Sri Jeetendra Kumar Yadav, learned counsel for the private respondent, Sri Deepak Mishra, learned A.G.A. for the State and perused the impugned F.I.R. as well as material brought on record.
This petition has been filed by the petitioner with a prayer to quash the F.I.R. dated 19.7.2018 registered as case crime no.364 of 2018 under sections 323, 504, 452, 326A, 506 I.P.C., police station Chaubeypur, District Varanasi.
Learned counsel for the petitioners submits that the petitioners are relative of respondent no. 3. There is some dispute between the parties with respect to property and moreover he stated that though incident is said to be of 19.7.2018 which is mentioned in the chick FIR but in the body of the FIR date and time of the incident has not been mentioned. Moreover, the medical examination report of the injured shows that the injuries are simple in nature and caused by hot liquid, hence offence under section 326 IPC is not made out.
Learned A.G.A. as well as learned counsel for the private respondent vehemently opposed the prayer for quashing.
Considering the submissions advanced by learned counsel for the parties and nature of the allegations, it is directed that the petitioners shall not be arrested in above mentioned case, till the submission of the police report under section 173(2) Cr.P.C. but they shall co-operate with the investigation of the case.
With the above direction this petition is finally disposed of.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 27.8.2018 AU