Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 26758 of 2018 Petitioner :- Badre Alam And 4 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Janardan Yadav Counsel for Respondent :- G.A.,Vinod Kumar Yadav
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Janardan Yadav, learned counsel for the petitioners, Sri V.K. Yadav, learned counsel for the respondent no. 4, 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 by the petitioners with a prayer to quash the F.I.R. dated 9.9.2018 registered as case crime no. 174 of 2018 under sections 147, 504, 506 I.P.C. and 3 (1) (da), 3 (1) (dha), 3 (2) (va) S.C./S.T. Act, police station Ahiraula, District Azamgarh.
Learned counsel for the petitioners submits that there are cross reports of the incident. An F.I.R. has also been lodged from the side of the petitioners against respondent no. 4 and others which was registered as case crime no. 172 of 2018 under sections 385, 504, 506 I.P.C. He submits that it is a case of no injury, hence the present F.I.R. is liable to be quashed by this Court.
Learned counsel for respondent no. 4 and learned A.G.A. opposed the prayer for quashing.
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.
It is made clear that if the F.I.R. which was lodged from the side of the petitioners is challenged by respondent no. 4 and others before this Court, they shall also be entitled for the same relief as has been given in the present petition.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 25.9.2018 Shiraz