Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 23135 of 2018 Petitioner :- Aditya Kumar Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ramesh Chandra Pal Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri R.C. Pal, learned counsel for the petitioner, Sri N.K. Verma, 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 with the prayer to quash the F.I.R. dated 5.5.2018 registered as Case Crime No.226 of 2018, u/s 279, 326 IPC, P.S. Merapur, district Farrukhabad.
Learned counsel for the petitioner submits that even if the prosecution case is taken on its own face value, the case would not travel beyond Section 338 IPC. The impugned FIR u/s 326 IPC has been lodged deliberately for the purpose of harassment of the petitioner.
Learned A.G.A. opposed the prayer for quashing of the FIR.
Considering the submissions advanced by learned counsel for the parties and nature of the allegations, it is directed that the petitioner shall not be arrested in above mentioned case, till the submission of the police report under section 173(2) Cr.P.C. but 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 :- 24.8.2018 Gaurav