Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 2433 of 2019 Petitioner :- Ashish Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Santosh Kukmar Tiwari Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard learned counsel for the petitioner, learned A.G.A. for the State 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 14.01.2019 registered as case crime no. 0039 of 2019 under sections 323, 504, 307 I.P.C., police station Kotwali, District Shahjahanpur.
Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in the present case with malafide intention. He further submits that though F.I.R. of the present case was registered under section 307 I.P.C. but it is a case of no injury. The said fact is mentioned in para 6 of the petition.
Learned A.G.A. opposed the prayer for quashing.
Considering the submissions advanced by learned counsel for the parties and the nature of allegations, it is directed that petitioner shall not be arrested in above mentioned case, till submission of the police report under section 173(2) Cr.P.C. subject to the condition that if there appears to be any injury report, the interim order granted shall stand discharged.
Copy of this order shall be produced before the S.P./S.S.P. concerned within ten days failing which, the interim order shall stand discharged.
With the above directions, this petition is finally disposed of.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 29.1.2019 Madhurima