Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 24346 of 2018 Petitioner :- Ashok Kumar Singh And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Om Prakash Singh Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri O.P.Singh, learned counsel for the petitioners, Sri N.K.Verma, learned A.G.A. for the State and perused the impugned FIR as well as material brought on record.
This petition has been filed by the petitioners with a prayer to quash the FIR dated 4.8.2018, registered as case crime No.116 of 2018, under Sections 323, 504, 506, 308 I.P.C., P.S. Chiraiyakot, District Mau.
Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in the present case with malafide intention. He further submitted that initially an NCR was lodged by private respondent no.3 against the petitioners for the offence under Sections 323, 504, 506, 308 I.P.C. on 22.7.2016, copy of which is annexed as Annexure-1 (at page-24-A) of the writ petition, but after two years of the said incident the impugned FIR has been lodged by respondent no.3 against the petitioners on the basis of the injury report which is of the year 2016 in which fracture of skull has been found. He next argued that the allegation levelled against the petitioners are absolutely false, frivolous and baseless. No offence is made out against the petitioners, hence, FIR is liable to be quashed by this Court.
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 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 :- 5.9.2018/NS