Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 25469 of 2018 Petitioner :- Arvind And 02 Others Respondent :- State Of U.P. And 02 Others Counsel for Petitioner :- Sanjay Kumar Srivastava Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Sanjay Kumar Srivastava, learned counsel for the petitioners, Sri Amrit Raj Chaurasia, learned A.G.A. for the State and perused impugned F.I.R. as well as material brought on record.
This writ petition has been filed by the petitioners to issue a writ, order or direction in the nature of mandamus directing the respondents not to arrest the petitioners and with further prayer for quashing the impugned FIR dated 12.08.2018 registered as case crime no. 0416 of 2018, under Sections 308, 323 IPC and Section 3(1)(Da) and 3(1)(Dha) of SC/ST Act 1989 (Amended in 2015), P.S. Shahjanwa, District Gorakhpur.
It has been submitted by the learned counsel for the petitioners that the NCR was lodged from the side of the petitioners against the respondent no.3. The present FIR has been lodged against the petitioners by respondent no. 4 for the offence in question. The injures sustained by the deceased are simple in nature.
Per contra learned AGA for the State submitted that the impugned FIR is not liable to be quashed on the basis of the submissions advanced by the learned counsel for the petitioners. He pointed out that the victim has sustained the injuries on his person. The medical report has not been annexed.
After having heard learned counsel for the parties present and perused the impugned FIR as well as the other material brought on record, we dispose of this writ petition with the following directions:
(i) Investigation of the aforesaid case shall go on but the petitioner no. 2 shall not be arrested in the aforesaid case till the submission of police report under Section 173(2) Cr.P.C., subject to her cooperation during investigation.
(ii) As far as the petitioner nos. 1 and 3 are concerned, the petition stands dismissed.
With this direction, this petition is finally disposed of.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 13.9.2018 AU