Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 25718 of 2018 Petitioner :- Babloo @ Mohd. Adil And 4 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Pradip Narain Singh Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri P.N.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 23.6.2018, registered as case crime No.765 of 2018, under Sections 147, 323, 504,506, 342, 392 I.P.C., P.S. Lisari Gate, District Meerut.
Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in the present case with malafide intention due to village party bandi and enmity. He further submitted that the person, namely, Amir, son of respondent no.3, who is said to have been assaulted by the petitioners, has already been arrested by the police in a case for the offence under Section 25 Arms Act and recovery of 315 bore country-made pistol was made from his possession and he was sent to jail on 31.5.2018, which clearly indicates that the Amir, son of respondent no.3 was already in police custody on 31.5.2018, then no question of detention and assault of the said Amir by the petitioners arises on 31.5.2018, hence, the allegation levelled against the petitioners is absolutely false, frivolous and baseless. No offence is made out against the petitioners, hence, FIR is liable to be quashed.
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 :- 17.9.2018/NS